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HomeMy WebLinkAbout2006-0248.Dales.07-12-21 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# 2006-0248, 2006-2729 UNION# 2006-0234-0111,2006-0234-0389 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 (Dales) - 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 Gary Wylie and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services December 5, 2007, Union Employer Vice-Chair 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006, 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 2006-0234-0111 - Overtime Grievance re March 14,2006 Mr. Dales has filed two grievances, In the first he claims overtime for a D7 shift on March 14, 2006, A D7 overtime shift was available that day, The person on the list prior to Mr. Dales was offered the shift by way of voice mail, but that call was not returned, It appears that the shift was not covered and this was not apparent until shortly before the shift was to start the next morning, Another employee was asked to stay over another hour and the remainder was filled as a D8 shift, but Mr. Dales had not indicated availability for the D8 shift. The union argues that, but for the error in filling the shift, Mr. Dales would have worked the overtime, The employer responds that no D7 overtime shift was available and there was no violation of the overtime protocol. 3 Decision The grievor is awarded compensation of nine (9) hours pay at straight time, 2006-0234-0389 - Grievance Re Voting Time On November 13, 2006 the grievor was expecting to be relieved in order to leave to vote in municipal elections, At approximately 1700 an announcement was made that all those who had not been relieved were to call the HSO office, The grievor called the office, and was given the direction to go home without relief. The grievor decided not to do so, due to the staffing requirements on his unit. At approximately 1755 he was again instructed to leave, After discussing the matter with his co-workers, the grievor left at approximately 1815, The grievor seeks an order for a proper plan to be implemented for future elections to ensure proper relief, as well as $2500,00 tax free, The employer responds that it will engage in a review of its election relief policies to seek improvements, but asserts there was no violation of the collective agreement in this case, Decision The grievance is dismissed, Dated at Toronto, this 21st day of December, 2007, Barry