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HomeMy WebLinkAbout2004-2861.Wesley.07-06-25 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# 2004-2861 UNION# 2004-0719-0016 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 (Wesley) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union Rena Khan and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services June 21,2007. Union Employer Vice-Chair 2 Decision INTRODUCTION The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006. Although Kenora Jail is not one of the institutions covered by the protocol, the parties agreed on June 19, 2007 to be bound by the terms of the protocol for this session. 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 called in sick for his shift from 1900 to 0700 on October 16/17, 2004. He grieves that he was not offered an overtime shift from 0700 to 1900 on October 17. The employer acknowledges that the grievor was not called for the shift on October 17, since he had called in sick for the shift immediately prior. The employer states that it has a practice of not calling in an employee for overtime within 12 hours of any shift for which the employee has called in sick. This practice is also similar to that found in the new overtime protocol that has been developed centrally by the parties. While the latter is not binding on this workplace, the employer asserts that the fact that it has been jointly agreed supports the reasonableness of its own policy. 3 DECISION The grievance is dismissed. Dated at Toronto, this 25th day of June, 2007. Barry