HomeMy WebLinkAbout2007-1440.Theriault.09-06-18 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2007-1440
UNION#2007-0618-0041
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Theriault)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREDeborah J. D. Leighton Vice-Chair
FOR THE UNIONAnastasios Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERNicholas Sapp
Ministry of Children and Youth Services
Employee Relations Advisor
HEARING
May 13, 2009.
-2-
Decision
[1] Mr. Rene Theriault, a Youth Services Officer at Cecil Fraser Youth Centre, grieved on
June 27, 2007, alleging that the employer breached the overtime protocol and
consequently he missed an eight-hour overtime shift on April 21, 2007. The employer
agreed that the grievor was available for work that day and that he was not called.
[2] At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this
matter and they asked that I issue a decision that is without written reasons, in accord
with the provisions for expedited hearings under Article 22.16 of the collective
agreement between the parties. The parties agree that this decision is without prejudice
or precedent to any matters in the future.
[3] Having carefully considered the submissions of the parties, and the jurisprudence of the
Board, I hereby order that the employer pay the grievor eight (8) hours at the overtime
rate.
th
Dated at Toronto this 18 day of June 2009.
Deborah J.D. Leighton, Vice-Chair