Loading...
HomeMy WebLinkAbout2005-1249.Pierobon.07-05-09 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2005-1249 UNION# 2005-0618-0032 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pierobon) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Stephen Giles and Gregg Gray Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Nicholas Sapp and Pauline Barr Employee Relations Advisors Ministry of Children and Youth Services HEARING May 4, 2007 DEADLINE FOR May 8, 2007. WRITTEN SUBMISSIONS 2 Decision INTRODUCTION The parties held a mediation/arbitration session from May 2 to 4, 2007. The process adopted by the parties provided for a canvassing of the facts during the mediation phase. In some cases, where a mediated settlement could not be reached, the parties mutually agreed that arbitration decisions would be issued in accordance with Article 22.16 of the collective agreement, without reasons, and without prejudice or precedent. The parties were unable to resolve this matter in mediation. Accordingly, the matter has been referred to me for a decision. FACTS Derek Pierobon is an unclassified YSO. He grieves that in June 2005 he was denied an overtime opportunity. On the day in question, the grievor was at the hospital involved in a private family matter. Hospital policy prohibits the use of cell phones inside the facility. An employee called in sick at the workplace shortly before the shift starting at 19:00. The employer called the grievor?s residence and left a message offering him the shift. The grievor did not respond, as he was still at the hospital at the time, and, given the immediate need, the employer hired another employee to fill the shift. A few minutes later, another shift came open, this one starting at 23:00. The grievor had not responded to the first call, and he was not called for the 23:00 shift. The grievor called the workplace on his return home, but did not speak to a manager. 3 The grievor argued that there was no urgency to fill the 23:00 shift, and the employer should have called to offer the shift, or checked back later to see if he had returned home. The employer responds that the grievor?s lack of response to the first call rendered it unnecessary to call him for the second shift, and it would be inefficient and unworkable to make multiple calls to an employee who does not respond. DECISION The grievance is dismissed. th Dated at Toronto, this 9 day of May, 2007. Barry Stephens, Vice-Chair