HomeMy WebLinkAbout2007-1843.Koenderink.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
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GSB#2007-1843
UNION#2007-0119-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Koenderink)
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 relates to an alleged callback under COR Art. 9.1 on September 15, 2007.
The grievor finished work at 0700 on September 15, and was scheduled to start his next
shift at 1900 that day. Some time between 1500 and 1600 he received a call asking if he
would report early at 1645 in order to do a hospital run. The grievor states that he was
advised that the hospital run was an emergency, and he understood that he was being
ordered to report to work early. He grieves he is entitled to four hours of premium pay at
time and one-half, in accordance with the provisions of Art. 9.1. The employer responds
that the grievor was not ordered to report to work, but was simply called and asked if
wished to report early for an overtime assignment. The employer points out that it is
obvious that the call was not a medical emergency, given the time at which the call was
made relative to the reporting time requested.
3
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
rd
Dated at Toronto this 23 day of April 2009.
Barry Stephens, Vice-Chair