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HomeMy WebLinkAbout2005-0918.Chmurzynski.07-10-22 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# 2005-0918,2005-1456,2005-2977 UNION# 2005-0234-0142,2005-0234-0160,2005-0234-0579 IN THE MATTER OF AN ARBITRATION Under 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 (Chmurzynski) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Reva Devins Stephen Giles Grievance Officer Ontario Public Service Employees Union Karen Martin Employee Relations Officer Ministry of Community Safety and Correctional Services October 16, 2007. Union Employer Vice-Chair 2 Decision The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve grievances at the Maplehurst Correctional Complex. It is not necessary to reproduce the entire Protocol here. It is sufficient to state that the parties have agreed that this matter is to be decided as a "True Mediation-Arbitration". The Vice-Chair, based on the evidence provided during the mediation session, is required to immediately resolve a grievance following a failed mediation. The Vice-Chair' s decision will be without reasons, without precedent and prejudice and issued within 15 days. In this case, the grievances assert that the grievor was denied overtime at the institution on April 25 and May 10, 2005 and on other instances when management failed to approve outside requests for Correctional Officers to provide overtime for bailiff duties. Having heard the submissions of the parties, I am satisfied that there were errors in the application of the Overtime Protocol on April 25 and May 10,2005, as acknowledged by the Employer. With respect to the approval of overtime for bailiff runs, I am satisfied that those decisions were made in a manner that was consistent with the terms of the collective agreement The grievance is allowed in part and the Employer is ordered to pay the grievor twenty-four hours at the applicable overtime rate of pay with respect to the denial of overtime on April 25 and May 10,2005. The remaining grievances are dismissed. ~Da~ed at Toror;to this 22nd day of October 2007 - . , '~. ~ , - r...":. -^ ~ Reva Devins Vice-Chair