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HomeMy WebLinkAbout2012-2278.Caloura.15-10-14 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#2012-2278 UNION#2012-0108-0143 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Caloura) 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 Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING September 29, 2015 - 2 - Decision [1] The Employer and the Union at the Elgin Middlesex Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring 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] Mike Caloura is a maintenance worker who filed a grievance alleging that the Employer should have called him for overtime on the August paid holiday in 2012. He contended that he made himself available for work that day. [3] The maintenance department does not participate in HPRO but does have a sign up sheet for employees to make their availability to work overtime known. This document for the salient period was produced and while it revealed that he was available to work some overtime during that particular week, it did not indicate that the grievor had made it known that he was available to work on the paid holiday. [4] Accordingly, the grievance is denied. Dated at Toronto, Ontario this 14th day of October 2015 Felicity D. Briggs, Vice-Chair