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HomeMy WebLinkAbout1998-0958.Caldarola.99-04-13EMPLOY& DE L4 COURONNE DE L’OKTARK) COMMISSION DE RCGLEMENT DES GRIEFS 180 DUNDAS STREET WEST; SUl?ESOO, TORONTO ON MiG lZ8 TELEPHONElTiLiPHONE : (416) 326- 1388 180, RUE DUNDAS OUEST; BUREAU 800, TORONTO (ON) A&G lZ8 FACSIMILEfT~LkOPIE : (416) 326-1396 GSB #0958/98 OLB #3 57/96 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Liquor Boards Employees’ Union (Joe Caldarola) Grievor - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer BEFORE Susan L. Stewart Vice-Chair FOR THE GRIEVOR Don McDermott Grievance Officer Ontario Liquor Board Employees Union FOR THE EMPLOYER John D. Harris Manager, Employee Relations Liquor Control Board of Ontario HEARING March 26,1999 DECISION The grievance before me was filed on behalf of Mr. J. Caldarola and relates to the loss of an overtime opportunity. This matter proceeded pursuant to the expedited process in the Collective Agreement. There was no objection to my jurisdiction to hear and determine the grievance. The issue to be determined is whether an overtime opportunity was "offered" to Mr. Caldarola in accordance with *Article 6.6 (b) of the Collective Agreement. On Friday, November 16, 1996, an overtime opportunity became available for Saturday, November 17, 1996. A message was left for Mr. Caldarola at 2:30 p.m. advising of the overtime opportunity and requesting that Mr. Caldarola call as soon as possible. Mr. Caldarola was scheduled to work at 4:00 p.m. that day and arrived at work at around 3:30 p.m.- He became aware of the overtime opportunity but at that point he was advised that he was not eligible for the overtime because he had not responded within a half hour. Mr. Caldarola was unaware of the half hour requirement. The Union was also unaware of the half hour requirement. The Employer has since provided the Union with a copy of its written guidelines governing overtime opportunities. At the hearing I made an oral ruling allowing the grievance. While it is readily apparent that efficiencies must govern a process such as canvassing overtime opportunities, if a rule such as the rule here is to be applied to deprive an employee of an opportunity to work overtime it is only reasonable that notice of such a rule be provided. In the circumstances here such notice was not provided and I am not persuaded that the grievor was given an llofferf' within the language of the Collective Agreement. Mr. Caldarola is entitled to his claim for a shift at the overtime rate and I retain jurisdiction to deal with any difficulties the parties may experience in implementing this decision. Dated at Toronto, this 13th day of April , 1999 S.YStewart ,LW& A .__ - Vice-Chair