HomeMy WebLinkAbout2015-3300.Heaney.17-04-07 Decision
Crown 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#2015-3300, 2015-3301, 2016-0170, 2016-0546, 2016-1056, 2016-1219,
2016-1282, 2016-1283, 2016-1284, 2016-1285
UNION#2016-0582-0004, 2016-0582-0005, 2016-0582-0010, 2016-0582-0033,
2016-0582-0036, 2016-0582-0042, 2016-0582-0037, 2016-0582-0038, 2016-0582-0039,
2016-0582-0040
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Heaney) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Ann Fowler
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING March 22 & 23, 2017
- 2 -
Decision
[1] Mr. Bruce Heaney, a Maintenance Mechanic 3 at the Toronto East Detention Centre,
filed ten grievances between February 10, 2016 and July 14, 2016, claiming, inter
alia, that overtime opportunities in the maintenance department were not distributed
equitably and the employer had violated Article 8.2.1 of the collective agreement.
The employer took the position that there were possibly two valid claims. There was
no evidence to support the others.
[2] The parties referred these grievances to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with these matters and asked that I issue a
decision without precedent or prejudice, and without written reasons.
[3] Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I hereby grant the grievance in part. The employer is
hereby ordered to pay the grievor 17 hours at the applicable overtime rate of pay.
Dated at Toronto, Ontario this 7th day of April 2017.
Deborah J.D. Leighton, Vice-Chair