Loading...
HomeMy WebLinkAbout2005-3055.Shewchyk et al.06-10-16 Decision Crown Employees Grievance Settlement Board Commission de reglement des griefs des employes de la Couronne ~ ~--" Ontario Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2005-3055, 2005-3056, 2005-3057, 2005-3058, 2005-3059 UNION# 2005-0248-0144,2005-0248-0145, 2005-0248-0146, 2005-0248-0147, 2005-0248-0148 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Shewchyk et al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Dan Sidsworth Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Mary-Jo Knappett Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING May 29,2006 SUBMISSIONS September 1,2006. 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. 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 "True Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issued 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. Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. At the beginning of the session on May 24, 2006, it was determined that the union had not provided the employer with full or appropriate Appendix B' s, as required under the Protocol, and as a result, the employer had been unable to prepare appropriate Appendix C's. I met with the representatives of the parties, and it was agreed the three-day mediation session would proceed. In order to assist the parties, I advised that the union would be expected to prepare appropriate Appendix B' s prior to the discussion of any specific case. This they did, and, in the process, numerous grievances were withdrawn by the union. The employer then reviewed each grievance, and mediation was attempted. There were a number of grievances referred to arbitration, and the employer was provided with a full opportunity to submit formal Appendix C's after the session. 3 FACTS Mr. Naylor filed two grievances, and Mr. Shewchyk filed three grievances, all alleging that they were denied overtime opportunities in circumstances where they assert they had a right to be offered partial shifts before another employee who was offered and worked a full shift. The employer takes the position that it has the right to attempt to fill full shifts, and that partial shifts would be offered only at the employer's discretion as a "last resort". DECISION The grievances are denied. Dated at Toronto, this 16th day of October, 2006.