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HomeMy WebLinkAbout2007-2942.Lachance.09-06-15 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#2007-2942 UNION#2007-0617-0021 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lachance) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREBarry Stephens Vice-Chair FOR THE UNIONAnastasios Zafiriadis, Frank Inglis & Greg McVeigh Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Karen Martin & Brian Scott Staff Relations Officers Ministry of Community Safety and Correctional Services HEARINGJune 12, 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 a claim for four hours of overtime on November 16, 2007. The grievor alleges that an employee left the workplace during the shift and that an unclassified employee working overtime filled a shift from 1900 to 2300. The employer responds that HPRO indicates that the employee did not leave the workplace, and that the only unclassified employee who worked overtime that day worked from 0300 to 0700. The employer also argues that, at the time HPRO did not recognize shift extensions as overtime opportunities. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. th Dated at Toronto this 15 day of June 2009. Barry Stephens, Vice-Chair