HomeMy WebLinkAbout2008-0568.James.09-06-18 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
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GSB#2008-0568, 2008-3732, 2008-3733
UNION#2008-0225-0007, 2009-0225-0005, 2009-0225-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(James)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREDeborah J. D. Leighton Vice-Chair
FOR THE UNIONGreg McVeigh
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERSean Milloy
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGMay 19, 2009.
-2-
Decision
[1]Mr. David James, a correctional officer at Walkerton Jail, grieved on April
6, 2008, that he was wrongly denied five and a half hours of overtime on
April 10, 2008. He grieved on February 9, 2009 that he had been wrongly
denied overtime on January 15 and 19, 2009 of four hours and 12 hours
respectively. The employer and union agreed that in each instance the
grievor was the next in line to be called for overtime. He was not called
because of a conflict with an inmate.
[2]The union took the position that the grievor was entitled to the overtime
pursuant to the collective agreement and the protocols for distributing
overtime in an equitable and fair manner. The union also submitted that the
grievor did not have to have contact with the inmate. If that was a concern,
he could still have worked. The employer submitted that it was worried
about escalating an already tense situation in the jail by calling in the
grievor, who would have had to walk past the inmate in admitting and
discharge, when he entered the building. Thus, the employer denied that it
had violated the collective agreement.
[3]The parties referred this grievance to mediation/arbitration in accordance
with Article 22.16 of the collective agreement. At the outset of the hearing
the parties agreed that I had the jurisdiction to deal with this matter. They
asked that I issue a decision without precedent or prejudice, and without
written reasons in accord with the provisions for expedited hearings under
Article 22.16.
[4]Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I hereby grant these grievances and order the
employer to pay the grievor 21.5 hours at the overtime rate.
th
Dated at Toronto this 18 day of June 2009
.
Deborah J.D. Leighton, Vice-Chair