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HomeMy WebLinkAbout2008-0898.Gilham et al.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#2008-0898, 2008-0899, 2008-1075, 2008-1076, 2008-1599 UNION#2008-0119-0002, 2008-0119-0003, 2008-0119-0009, 2008-0119-0010, 2008-0119-0018 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Gilham et al) 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 grievances in this case relate to an alleged missed overtime opportunity on Good Friday, March 21, 2008. The union alleges that there was a hospital escort on the day that could have been staffed by CO?s but the employer used a nurse and an acting OM16 to conduct the escort. The employer responds that the escort was urgent, in that an inmate required treatment. A doctor advised the nurse at 11:10 a.m. that the inmate required treatment, and that she should report to the hospital with the inmate. The nurse advised the on-duty manager, who began to make calls to find employees to conduct the escort. At 11:30 a.m. the nurse contacted the manager and advised the appointment was set and they had to proceed to the hospital immediately. The manager had not received any callbacks for the escort duty. At 11:40 the nurse called the manager again, and at that point the decision was made to assign the work without waiting for callbacks. Thus, the assignment was required on an emergency basis and there would not be a violation of the overtime protocol. Moreover, the employer points out that March 21 was a statutory holiday, and the overtime provisions in the collective agreement do not apply to statutory holidays. 3 [3]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