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HomeMy WebLinkAbout2005-3408.Dixon.09-07-21 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#2005-3408, 2006-2900, 2007-0931, 2007-1108, 2007-2908 UNION#2006-0521-0003, 2007-0521-0009, 2007-0521-0013, 2007-0521-0021, 2007-0521-0030 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Dixon) 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 EMPLOYERGary Wylie and Sean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officers HEARING April 1, 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 grievor has filed five grievances. The first three can be considered together. 1.2005-3408, 2007-0931, 2007-1108 These three grievances are based on the early termination of temporary assignments. The grievor alleges she should be compensated for hours of work that she did not work when the temporary assignments were ended. The employer responds that a temporary assignment does not provide a guarantee of hours, any more than a permanent assignment. 2.2006-2900 The grievor provided no particulars to support this grievance and it is dismissed. 3.2007-2908 On May 19, 2007 the grievor was on a day off.There was work for a cook?s helper from 0600 to 1300. The shift was assigned to another employee as overtime. The grievor asserts she should have been called in to work the shift at straight time. The employer responds that there was no requirement to offer the shift to the grievor before assigning - 3 - another employee to work overtime, and that such a decision is a matter of management discretion. The grievance is upheld in part and the grievor is awarded six hours pay. st Dated at Toronto this 21 day of July 2009. Barry Stephens, Vice-Chair