Loading...
HomeMy WebLinkAbout2008-1598.Pierce.09-04-23 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#2008-1598, 2008-1600, 2008-1602 UNION#2008-0119-0019, 2008-0119-0017, 2008-0119-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pierce/Koster/Snider) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Anastasios Zafiriadis Ontario Public Service Appeal Boards Grievance Officer FOR THE EMPLOYER Greg Gledhill Ministry of Community Safety and Correctional Services Staff Relations Officer CONFERENCE CALLFebruary 23, 2009. 2 Decision [1]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. [2]The grievance in this case relates to an escort that occurred on May 1, 2008. The Stratford Jail was asked to assist the Walkerton Jail with an escort to Goderich Hospital. The escort was scheduled from 0700 to 1900. Three employees were assigned to the escort. One was an employee on a regular day off who was working overtime, another was an employee who was not on overtime, and the third was hired to drive the vehicle. The employees reported to the institution at 0600 in order to ensure they had enough time to pick up their vehicles and equipment and drive to Walkerton. As it turned out, the first driver found it necessary to return to Stratford for 1600. Another employee was assigned to drive to the hospital, and bring back the two remaining employees. The three employees returned at 2035, and the employees were paid until 2100. [3]The grievors allege that the escort assignments were a violation of the overtime protocol. They argue that the protocol required the employer to hire qualified employees on shift to perform the escort, and then to call in CO?s to backfill the re-assigned employees. 3 Further, the grievors assert that at least one employee, the first driver, was not qualified to perform escorts. [4]The employer responds that the employees dispatched on the escort were required to report at 0600. Mr. Pierce was on accommodation to straight days, and the start time, as well as the eventual return time, were outside of the regular day shift hours. Mr. Snider was on shift from 0700 to 1900. He was not available to work overtime as the escort started prior to and overlapped with his previously scheduled shift. He was not available for the two hours after his shift, as the arrangements for a second driver had already been made, and the escort was on its way back. Mr. Koster was not eligible, the employer asserts, as he did not sign up for overtime. [5]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed. rd Dated at Toronto this 23 day of April 2009. Barry Stephens, Vice-Chair