HomeMy WebLinkAbout2002-0121.Zultek et al.08-07-03 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# 2002-0121
UNION# 2002-0670-0053
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Zulteket al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews, Stephen Giles, Peter Wright
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Brian Scott, Sean Milloy
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING June 19, 2008.
2
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that 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. This decision is issued in accordance with the
Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
The grievance in this case relates to claims for overtime arising from a shift on March 9, 2002.
The shift occurred three days prior to a strike. No employees had signed up for overtime, not
just for the shift in question, but for most of the shifts that week. The employer?s normal
practice at the time was to issue an ?all call? for volunteers once the overtime sign-up list had
been exhausted. In the circumstances, the employer decided to order unclassified employees
who were working the shift prior to remain at work and cover the overtime in question. The
union asserts that the employer should have followed its normal practice and offered the shift to
all employees.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievance should be dismissed.
rd
Dated at Toronto, this 3 day of July, 2008.
Barry Stephens, Vice-Chair