HomeMy WebLinkAbout2009-0755.Rae.13-01-30 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#2009-0755
UNION#2009-0368-0059
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rae) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Brian P. Sheehan Vice-Chair
FOR THE UNION Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Centre for Employee Relations
Eastern Regional Office
Staff Relations Officer+
HEARING January 23, 2013.
- 2 -
Decision
[1] The Employer and the Union at the Central East Detention Centre 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 Vice-Chair with their submissions setting out the facts and the authorities
they respectively rely upon. This decision is issued in accordance with the Protocol and
with Article 22.16 of the collective agreement, and is without prejudice or precedent.
[2] The grievor is a Correctional Officer who, through this grievance, asserts his
Continuous Service Date (CSD) should be adjusted to include overtime hours that he
had worked while he was an unclassified officer.
[3] The grievance is based on the claim that in calculating the CSDs of certain
Correctional Officers, the Employer improperly included the overtime hours worked by
those individuals when they were unclassified officers at the Millbrook Correctional
Centre. The grievor requests that he be “granted the same luxury of using any overtime
hours” which he worked while he was an unclassified officer toward the calculation of
his CSD.
[4] Given the passage of time, it may well have been difficult to determine whether in
fact the Employer improperly calculated the CSDs of certain employees who worked as
unclassified officers at the Millbrook Correctional Centre. That being said, even if it
were established that the Employer had improperly credited those employees with the
overtime hours worked, that fact would not, in any way, provide justification to treat the
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grievor in a likewise improper manner. For the grievance to succeed there would have
to be a basis to find that the grievor’s CSD was improperly calculated.
[5] Since there is no basis to suggest that the collective agreement has been
violated, the grievance is dismissed.
[6] The grievor, however, did make reference to another situation regarding the
calculation of his CSD. Apparently, the Employer, upon a review, determined that 280
additional hours should be credited towards the grievor’s CSD, yet the grievor claims
the inclusion of those hours had a negative rather than a positive impact in terms of his
CSD. It is recommended that a representative of the Employer review with the grievor
the calculation of his CSD with respect to the crediting of those additional 280 hours.
Dated at Toronto this 30th day of January 2013.
___________________________
Brian P. Sheehan, Vice-Chair