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HomeMy WebLinkAbout2005-2323.Perry.08-04-15 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2005-2323 UNION# 2005-0603-0010 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Perry) Union - and - The Crown in Right of Ontario (Ministry of Natural Resources) Employer BEFOREVice-Chair Janice Johnston FOR THE UNION Mark Barclay Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Felix Lau Counsel Ministry of Government and Consumer Services HEARING April 14, 2008. 2 Decision At the hearing scheduled to deal with this matter, it was agreed that we would proceed pursuant to the expedited process set out in Article 22.16 of the collective agreement. It was agreed that I would issue brief reasons for my decision and that this decision shall have no precedential value. The grievor, Lisa Perry is employed as a Senior Crew Member in the Sault Ste Marie Fire Management area. On May 18, 2005 she filed a grievance claiming ?that the Ministry has improperly assigned work and denied me the opportunity of overtime on or about April 13 and April 15, 2005". It is the position of the Ministry that the grievor was not assigned to work overtime as she did not have her prefit certification as required by the Memorandum of Understanding dealing with this issue dated March 2001. The grievor questions the fact that two individuals, Dan White and Lee Bowen were assigned overtime that she feels should have been offered to her. The Ministry did not assign the overtime worked by Dan White to the grievor as the work he performed required specific certification which she did not possess. The work performed by Lee Bowen was part of his regular duties. At no time did Mr White or Mr Bowen perform fire fighting duties on April 13 or 15, 2005. Accordingly, based on the above I am satisfied that there has been no breach of the collective agreement and the grievance is hereby dismissed. th Dated at Toronto this 15 day of April, 2008. Janice Johnston Vice-Chair