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HomeMy WebLinkAbout2008-1563.Siguenza et al.09-01-30 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#2008-1563, 2008-1564, 2008-1565, 2008-1566, 2008-1568, 2008-1979, 2008-1985, 2008-1986 UNION#2008-0248-0039, 2008-0248-0040, 2008-0248-0041, 2008-0248-0042, 2008-0248-0044, 2008-0248-0050, 2008-0248-0056, 2008-0248-0057 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Siguenza et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Brian Keller Vice-Chair FOR THE UNIONScott Andrews Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Greg Gledhill Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING December 16, 2008. 2 Decision [1] This award is made pursuant to the Med-Arb Protocol between the parties. On July 6, 2008, overtime was allocated to full-time classified correctional officers. Each of the grievors is a fixed-term, unclassified correctional officer. Each had worked only 32 hours for the week in question. Each is claiming they should have been offered the available work to bring them up to 40 hours in that week period. [2] The parties are governed by a Provincial Overtime Protocol. The only relevant provision reads as follows: ?To the extent possible, overtime opportunities will only be offered once the non-overtime classified and non-overtime unclassified resources have been exhausted?. [3] In the instant case, the non-overtime unclassified resources were not exhausted. Yet classified employees were given the hours as overtime. I note that the difficulties that the employer suggested that might have precluded giving the hours to the unclassified employees have since been resolved and the issue is therefore moot for the future. This resolution for the future suggests it would have been possible to give the hours to the grievors. Accordingly, each grievor is to be given eight hours pay as straight time and each is to have one week counted towards their Continuous Service Date. th Dated at Toronto this 30 day of January 2009. Brian Keller, Vice-Chair