HomeMy WebLinkAbout2008-3421.Whitehouse.09-06-16 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2008-3421
UNION#2008-0617-0063
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Whitehouse)
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 an overtime shift on December 13, 2008. The
employer called the grievor?s cell phone to offer her the shift in question. She was not
near her cell phone at the time of the call and missed the shift. However, the grievor
alleges that the employer was aware of her home phone number and that she normally
received calls for overtime shifts on that number. The employer states there is no
evidence that the grievor?s home number was on the overtime call sheet at the time.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be upheld in part. The grievor is to be compensated
with six hours at overtime rates.
th
Dated at Toronto this 16 day of June 2009.
Barry Stephens, Vice-Chair