HomeMy WebLinkAbout2006-1403.Santos.09-04-03 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#2006-1403, 2006-1585
UNION#2006-0582-0099, 2006-0582-0116
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Santos)
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
Stacey Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Timothy Bingham
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGMarch 24, 2009.
2
Decision
[1]Ms. Julie Santos, an unclassified correctional officer at the Toronto East Detention Centre
when she grieved on August 17, 2006, alleges that management violated the overtime
protocol on August 7, 2006, a statutory holiday, by hiring an officer with more overtime
hours and less seniority than the grievor. The grievor alleges that she was available for
work on that day and was not called for overtime. The employer denied that it had
violated the collective agreement and relied on OPSEU (Gillies) and Ministry of
Correctional Services GSB 0316/88, 0339/88 (Samuels) as governing the outcome in this
case. 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, as well as the jurisprudence
of the Board, I hereby dismiss these grievances.
rd
Dated at Toronto this 3 day of April 2009.
Deborah J.D. Leighton, Vice-Chair