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HomeMy WebLinkAbout2005-3405.Hutton.08-11-13 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2005-3405 UNION#2006-0368-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Hutton) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Stephen Giles Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING November 5, 2008. 2 Decision [1] The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Many of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, in accordance with the Protocol, this decision is to be without prejudice and precedent. [2] Mr. Iain Hutton is a Correctional Officer who filed a grievance alleging that on five occasions in November and December of 2005, he was entitled to overtime opportunities which were instead given to unclassified employees. On behalf of the grievor, the Union asserted that, in accordance with the Overtime Protocol which was in effect at the time, the Employer could have and should have cancelled pre-booked unclassified shifts and offered those work hours to Mr. Hutton. The Employer contended that there has been no violation of either the Collective Agreement or the Overtime Protocol. [3] After a consideration of the facts and a review of the Overtime Protocol in its entirety, I am of the view that this grievance must be dismissed. Dated at Toronto this 13th day of November, 2008. Felicity D. Briggs, Vice-Chair