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HomeMy WebLinkAbout2018-3240.Cassibo.19-03-06 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2018-3240 UNION# 2018-0368-0297 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Cassibo) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Gail Misra Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Samantha Gray Treasury Board Secretariat Employee Relations Advisor HEARING February 26, 2019 -2- DECISION [1] The Employer and the Union at the Central East Correctional Centre agreed to participate in mediation-arbitration in accordance with the Local Mediation- Arbitration Protocol that has been negotiated by the parties. Should mediation not result in resolution of a grievance, pursuant to the Protocol, they have agreed to a mediation-arbitration process by which each party provides the Arbitrator with their submissions setting out their respective facts and the authorities they may be relying upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, so that it is without precedent or prejudice to any other matters between the parties, and is issued without written reasons. [2] Jill Cassibo filed a grievance dated December 14, 2018 claiming that she should have been allowed to work 3.5 hours of overtime on December 13, 2018. The Grievor is an OAG -08 support staff at the Central East Correctional Centre, working in the Programs Department. She relies in part on the Programs Department Overtime Protocol and on Articles 2 and 3 of the Collective Agreement. The Grievor maintains that she was the more senior employee and had less overtime hours than did the worker who was assigned the overtime. [3] The Grievor works as an Admin Assistant-Clinical Services (Social Work and Addictions). There are two other Admin Assistants providing admin support to the Programs Department: One is the Admin Assistant-Deputy Superintendent Admin, and the other is the Admin Assistant – Rehabilitative Services (Rehab/Chaplaincy/Library/Nilo/Volunteer). The Admin Assistant – Rehabilitative Services (Rehab/Chaplaincy/Library/Nilo/Volunteer) is Amber Swatson. [4] Ms. Swatson had been working on a time-sensitive project that had to be completed on December 13, 2018. As the system had been down that day, it was taking longer to get the project completed. The manager asked Ms. Swatson if she could stay to complete the project, which was related to the ASCU Discharge program updates and short sentence notifications, and which the manager had assumed would take about a half hour of overtime to complete. This work is part of Ms. Swatson’s assignment, and is not part of the Grievor’s work assignment. Ultimately, Ms. Swatson had to work two hours of overtime in order to complete the project. [5] According to the manager, it would have been inefficient and disruptive to have had to change the assignment so that the Grievor would have been assigned to do the overtime work on a time sensitive project that she was not familiar with. It would have taken time to explain both the work, and the point at which Ms. Swatson had reached by the end of the work day. In addition, at the time, the manager believed the work would only take a further half hour beyond Ms. Swatson’s regular hours of work. -3- [6] The Programs Department Overtime Protocol does not apply to the OAG staff. While the Employer has management rights to decide when overtime is required, even if it has to distribute overtime in a fair and equitable manner, that is subject to its right to ensure that all its operational requirements are met. Having considered the submissions of the parties, I find that it was reasonable in the particular circumstances that day for the Employer to assign the overtime work to the other Admin Assistant and not to the Grievor. As such, the grievance is denied. Dated at Toronto, Ontario this 6th day of March, 2019. “Gail Misra” ______________________ Gail Misra, Arbitrator