HomeMy WebLinkAbout2010-2953.Valovich.13-03-20 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#2010-2953, 2010-2978
UNION#2011-0252-0004, 2011-0252-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Valovich) 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 Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARING March 6 & 7, 2013.
-2 -
Decision
[1] The Employer and the Union at the Niagara Detention Centre agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Some
of the grievances were settled through that process. However, a few grievances 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, the decision is to be without prejudice and
precedent.
[2] Mr. Michael Valovich is a Correctional Officer who filed two grievances alleging that his
schedule was changed without sufficient notice. By way of remedy he asked for time and a
half for all hours worked on the two shifts that were changed.
[3] The grievor’s statement stated that he received no notice of the change and therefore the
Employer should be obliged to pay the premium considered in the collective agreement.
[4] The Employer provided various documents including a memorandum issued to the grievor
dated November 17, 2010 informing him that he was expected at work on December 1 and 2,
2010. This memorandum was put into his personal mailbox. The grievor contends that he did
not receive the memorandum.
[5] The grievance is denied. The Employer notified the grievor in an acceptable format that his
shift was being changed. This notice was sent far in excess of 120 hours in advance.
Dated at Toronto this 20th day of March 2013.
Felicity D. Briggs, Vice Chair