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HomeMy WebLinkAbout2006-0314.Caughey.07-01-29 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2006-0314 UNION# 2006-0517-0007 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING DEADLINE FOR WRITTEN SUBMISSIONS Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Caughey) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Scott Andrews Grievance Officer Ontario Public Service Employees Union Pauline Jones Staff Relations Officer Ministry of Community Safety and Correctional Services November 23, 2006. January 12,2007. Union Employer Vice-Chair 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. FACTS The parties are agreed that the grievor's overtime availability sheet for February 2006 was misfiled and, as a result, she was not called for any overtime shifts during that month. This dispute is with respect to the appropriate compensation payable to the grievor. The union takes the view that the grievor indicated she was available for 8 days during the month of February, and that, making allowances for the fact that it is unlikely that she would have been offered overtime for every available day, she should be paid 72 hours overtime. The employer takes the position that the grievor's compensation should be based on her average attendance for the three months prior to February 2006 (not including December 2005, when she was off on a WSIB leave), which approximately 25 hours per month. 3 DECISION After giving careful consideration to the facts and the submissions of the parties, I order that the grievor is to receive 25 hours overtime in compensation for overtime opportunities lost during the month of February 2006. Dated at Toronto, this 29th day of January, 2007. Barry