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HomeMy WebLinkAbout2004-3556.Hammond.07-01-31 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 Nj ~ Ontario Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2004-3556, 2005-0878 UNION# 2005-0368-0002, 2005-0368-0043 IN THE MATTER OF AN ARBITRATION Under 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 (Hammond) - 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 Karen Martin Staff Relations Officer Ministry of Community Safety and Correctional Services December 14, 2006. January 17,2007. 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 grievor alleges that she was denied overtime opportunities on December 16 and 17,2004, as well as on March 11, 2005. In each case, the grievor states that an employee in the area where she works called in sick but was not replaced. The employer responds that there is no obligation on the employer to create an overtime opportunity, and it is a matter of management rights as to whether a particular shift is filled or not. 3 DECISION The grievances are denied. Dated at Toronto, this 31 st day of January, 2007.