HomeMy WebLinkAbout2009-1626.Lewis et al.11-02-18 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
Fax (416) 326-1396 7pOpF
GSB#2009-1626, 2009-1629
UNION#2009-0337-0007, 2009-0337-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lewis/Clinton)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONFrank Inglis, Gregg Gray
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYERNicholas Sapp
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING
February 17, 2011.
- 2 -
Decision
[1]The parties agreed to hear this grievance in accordance with Article 22.16 of the
collective agreement, and this decision is without prejudice or precedent.
[2]The grievances in this case challenge the HPSOR\HU¶VSUDFWLFHRIDVVLJQLQJVKLIWVWR
unclassified employees where the employees have not reached the 40-hour limit, but where the
shift takes the classified employee over the limit, and part of the shift becomes an overtime shift.
The grievors allege that the employer is required in such circumstances to split the shift, and is
permitted only to assign the hours up to 40 to the unclassified employee, with the remainder of
the shift made available to classified employees as an overtime opportunity. The employer
responds that the current practice is consistent with the collective agreement.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievances should be dismissed.
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Dated at Toronto this 18 day of February 2011.
Barry Stephens, Vice-Chair