HomeMy WebLinkAbout2007-3109.McGuire.09-04-02 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
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GSB#2007-3109
UNION#2008-0582-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McGuire)
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. Wendy McGuire, a correctional officer at the Toronto East Detention Centre, grieved
on January 3, 2008 that management violated the overtime protocol on January 1, 2008,
by hiring three unclassified correctional officers. 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 submitted that the records showed that the
grievor was called and a message left. 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 this grievance
nd
Dated at Toronto this 2 day of April 2009.
Deborah J.D. Leighton, Vice-Chair