HomeMy WebLinkAbout2006-0195.Lamoureux et al.09-04-06 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#2006-0195
UNION#2006-0582-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lamoureux et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J. D. Leighton
FOR THE UNION
Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Timothy Bingham
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGMarch 25, 2009.
2
Decision
[1]A group of CPIC Operators in the Ministry of Community Safety and Correctional
Services grieved on February 6, 2006 that they had not been paid weekend shift premium
when they worked shifts between 1900 hours on Fridays to 0700 hours on Monday. The
employer denied that it had violated the collective agreement and submitted that CPIC
Operators are classified as OAG 7, and are members of the unified bargaining unit.
Therefore, the grievors are not entitled to weekend shift premiums payments paid to
members of the correctional bargaining unit pursuant to Article COR 6. The parties
referred this grievance to mediation/arbitration in accordance with Article 22.16 of the
collective agreement.
[2]At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this
matter and they asked that I issue a decision, without written reasons in accord with the
provisions for expedited hearings under Article 22.16.
[3]Having carefully considered the submissions of the parties, I find that the grievance on its
face does not allege a breach of the collective agreement. The grievors are claiming a
premium under the correctional bargaining unit collective agreement, which does not
cover those in the OAG classifications.Thus, the grievance is hereby dismissed.
th
Dated at Toronto this 6 day of April 2009.
Deborah J.D. Leighton, Vice-Chair