HomeMy WebLinkAbout2019-1907.Janes.23-04-26 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2019-1907
UNION# 2019-0229-0039
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Janes) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Employee Relations Advisor
HEARING April 4, 2023
- 2 -
Decision
[1] The Employer and the Union at the Ontario Correctional Institute in Brampton
agreed to participate in the Expedited Mediation/Arbitration process in accordance
with the negotiated Protocol. It is not necessary to reproduce the entire Protocol.
Suffice to say, that the parties have agreed to a True Mediation/Arbitration process
wherein each party provides the Arbitrator with their submissions setting out the facts
and the authorities they respectively will rely upon. This decision is issued in
accordance with the Protocol and with Article 22.16 of the collective agreement; and
it is without prejudice or precedent.
[2] Rob Janes (the "grievor") is employed as a Correctional Officer II.
[3] The grievor agreed to take part in training sessions on September 16 and 17, 2019
which were normal days off for him, and in exchange, he would be off September 21
and 22.
[4] The grievor claims that he should have been paid overtime for his shifts on September
16 and 17. The grievor relies on the fact that apparently another Corrections Officer
was paid overtime on September 24, 2019, to attend a training session.
[5] The complete answer to the grievance is captured in Article COR 5.3 of the collective
agreement wherein it stipulates that premium pay is not applicable to a change of a
shift that was mutually agreed to between the Employer and the employee.
[6] Accordingly, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 26th day of April 2023.
“Brian P. Sheehan”
_____________________
Brian P. Sheehan, Arbitrator