HomeMy WebLinkAbout2006-1444.Keenan.07-02-06 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#2006-1444
UNION#2006-0368-0097
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Keenan)
- 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
Union
Employer
Vice-Chair
2
Decision
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 claims he was denied overtime shifts on August 4, 6, 19 and 20, 2006, which were
all shifts during which unclassified employees worked overtime. The employer responds that the
grievor was not entitled to overtime claims for any of the four shifts. On August 4, the only
overtime worked was at times other than when the grievor had indicated he was available. With
respect to August 6, the grievor had been called on August 5 for an August 6 shift, but had not
responded to the message left at his number. As for August 19 and 20, the sign up sheets do not
indicate the grievor as being available for either day.
3
DECISION
The grievance is dismissed.
Dated at Toronto, this 6th day of February, 2007.
Barry Stephens, Vice-Chair