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HomeMy WebLinkAbout2006-1178.Cordeiro.07-11-20 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# 2006-1178 UNION# 2006-0234-0251 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 ( Cordeiro) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Marilyn A. Nairn Scott Andrews Grievance Officer Ontario Public Service Employees Union Faith Crocker Staff Relations Officer Ministry of Community Safety and Correctional Services November 15, 2007" Union Employer Vice-Chair 2 Decision This award flows from a mediation-arbitration seSSIOn held from November 13 to November 15, 2007, for bargaining unit employees at the Vanier Centre for Women. Going into the session, the parties agreed to utilize an expedited mediation-arbitration process to determine grievances. That process contemplates that the parties will attempt to resolve matters through mediation, failing which, they have agreed that the Vice-Chair will determine the matter based on the material presented by both parties during the mediation-expedited arbitration session, without the need for further formal proceedings. The parties are agreed that any award issued in this process does not constitute a precedent and is without prejudice to the positions of the parties in any other matter. As a result, they have also agreed that any award is to provide only brief reasons, if any. In doing so, the parties have agreed to a process that will also expedite the release of any award. In rare cases, if it becomes apparent to either party, or to the Vice-Chair, that the issues involved are of a complex nature, the case may be taken out of the expedited process and processed through 'regular' arbitration. Such was not the case here. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassing of the facts and leads to a fair and efficient adjudication process. In this case, the grievance, dated June 26, 2006 (File #2006-1178), asserts that the employer was in violation of the collective agreement by failing to distribute overtime on an equitable basis. The union alleged that the grievor, Emanuel Cordeiro, was called out of order to work overtime on June 22, 2006 resulting in this alleged inappropriate distribution. I find that the employer violated the collective agreement and hereby order the employer to pay forthwith to the grievor the amount of eight hours of pay at the appropriate overtime rate. Dated at Toronto, Ontario this 20th day of November, 2007.