HomeMy WebLinkAbout2006-1873.Bisschop.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# 2006-1873
UNION# 2006-0234-0330
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
(Bisschop)
- 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 September 21, 2006 (File #2006-1873), 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, Natashia Bisschop, was not called to work for
a twelve-hour overtime shift on September 19, 2006 as required by her stated availability and the
institution's overtime protocol. Notwithstanding that the computer system had failed, the
information showing the grievor's availability had been backed-up on November 15,2006. I find
that the employer violated the collective agreement and hereby order the employer to pay
forthwith to the grievor the amount of twelve hours of pay at the appropriate overtime rate.
Dated at Toronto, Ontario this 20th day of November, 2007.