HomeMy WebLinkAbout2017-0517.Lewis.17-11-03 Decision
Crown Employees
Grievance Settlement
Board
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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# 2017-0517
UNION# 2017-0447-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lewis) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources and Forestry) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Alex Zamfir
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Daria Vodova
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 2, 2017
- 2 -
Decision
[1] The Grievor, Mr. Donald Lewis, is employed as a Fish and Wildlife Technical
Specialist in the classification of Resource Technician, Senior 2, in the Ministry of
Natural Resources and Forestries’ Regional Operation Division located in
Pembroke, Ontario.
[2] On March 28, 2017, the Union filed a grievance on behalf of its member, Donald
Lewis, which alleges that the Employer did not distribute overtime fairly and
equitably in distributing overtime hours resulting from a Moose Aerial Inventory
Survey performed by the Pembroke Regional Operations division of the
Employer in the month of January 2017.
[3] The Parties submitted this grievance to be determined by way of
mediation/arbitration in accordance with Article 22.16 of the Collective
Agreement. They agreed that I had jurisdiction to address the grievance, and
requested that I issue a decision without precedent or prejudice, and without
extensive reasons.
[4] I note that, Article UN 8.2.1 of the Collective Agreement contemplates the
Employer will distribute overtime fairly and equitably at the local workplace, after
having ensured that all its operational requirements are met.
[5] Based on the representation of the Parties during the course of a mediation, I
award as follows:
1. The Grievor will be given the right of first refusal to participate in the
Winter Moose Cover Survey, in the capacity of an observer, in the
Resource Operations team of the Pembroke District.
2. This right will apply to the first and second block of flight duties as an
observer that may arise during the Winter Moose Cover Survey.
3. This Winter Moose Cover Survey is anticipated to take place in February
and March of 2018.
4. In the event that no overtime hours are available in the W inter Moose
Cover Survey anticipated to occur in February and March of 2018, or the
Winter Moose Cover Survey anticipated for February and March of 2018
does not occur, these rights will apply with any necessary modification to
the next Winter Moose Cover Survey performed by the Resource
Operations team of the Pembroke District.
5. If the Grievor is available to participate in the Winter Moose Cover Survey,
in the capacity of an observer, and declines, he is not entitled to any
overtime hours, or pay associated with that opportunity.
- 3 -
6. It is the obligation of the Grievor to provide his supervisor with the contact
information necessary to reach him, to participate in the Winter Moose
Cover Survey, in the capacity of an observer.
Dated at Toronto, Ontario this 3rd day of November 2017.
Ian Anderson, Arbitrator