HomeMy WebLinkAbout2003-0385.Dunn.04-11-03 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2003-0385
UNION# 2003-0307-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Dunn) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of Health and Long-Term Care) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Stacey ZafinadIs
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER AImee Ableman
Employee RelatIOns Consultant
Mimstry of Health and Long-Term Care
HEARING October 26 2004
2
DeCISIon
ThIS case deals wIth the gnevor's nght to an overtIme assIgnment for a ShIft that started on
January 6 2003 The employer takes the posItIOn that the gnevor was not entItled to the
overtIme assIgnment In questIOn and that, regardless, the gnevance was not arbItrable In that It
was not processed to arbItratIOn wIthIn the reqUIred tIme lImIts
The partIes agreed that thIS matter was to be dealt wIth under the mediatIOn/arbItratIOn procedure
set out In Art. 22 16 The partIes have also requested that I Issue a deCIsIOn wIthout reasons
HavIng carefully revIewed the eVIdence presented and the submIssIOns of the partIes, I am
satIsfied that, qUIte apart from the Issue of arbItrabIlIty the employer dId not vIOlate the overtIme
provIsIOns of the collectIve agreement. As a result, the gnevance IS dIsmIssed.
Dated at Toronto thIS 3rd day of November 2004
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