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HomeMy WebLinkAbout2003-1097.Leppan-Triolo.06-10-10 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2003-1097, 2004-3642 UNION# 2003-0530-0056, 2005-0530-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Leppan-Triolo) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Vice-Chair Barry Stephens FOR THE UNION Scott Andrews Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Karen Martin & Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING September 28, 2006. 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. Although the Toronto Jail was not specifically covered by that protocol, at the outset of our session on September 27, 2006, both the union and the employer agr eed to follow the protocol as closely as possible. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have agreed to a ?Tru e Mediation-Arbitration? process, wherein each provides the vice-chair with s ubmissions, which include the fact s and authorities each relies upon. The process adopted by the parties provid es for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issu ed in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation. A ccordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS The grievor filed two grievances. In the first gr ievance, she claims 8 hours overtime for a shift on May 23, 3003. The grievor states that she was available to wo rk the shift but that it was assigned as overtime to two other employees, both of whom had accumulated more overtime hours than her at that point. In the second grievance, the grievor seeks compensation for escorting a fellow officer to a criminal trial deali ng with an incident at the jail, during which the fellow officer had been assaulted. The grie vor claims 6 hours pay plus travel costs. 3 The employer takes the position that the overtime was properly assigned and that, in the second incident, the grievor was not assign ed to escort the fellow officer. DECISION The employer is ordered to pay the grievor $125.00. I will remain seized to deal with any issues arising from the implementation of this award. th Dated at Toronto, this 10 day of October, 2006. ________________________ Barry Stephens, Vice-Chair