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HomeMy WebLinkAbout2008-3523.Rondeau.09-10-27 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#2008-3523 UNION#2009-0411-0008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Rondeau)Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Deborah J.D. Leighton FOR THE UNION Frank Inglis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Bart Nowak Ministry of Community Safety and Correctional Services Employee Relations Advisor HEARINGOctober 7, 2009. - 2 - Decision [1]Ms. Rondeau, a correctional officer at Ottawa Carleton Detention Centre, grieved on January 31, 2009, that the employer wrongly distributed overtime on January the 18, 2009, and failed to follow the HPRO 3 protocol. The shift was given to another CO as overtime, when she had not received her 40 hours as an unclassified CO. The employer denied that it had violated the collective agreement and noted that this occurred before the recent change to the collective agreement. [2]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. [3]Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that there has been no violation of the collective agreement and I hereby deny this grievance. th Dated at Toronto this 27 day of October 2009. Deborah J.D. Leighton, Vice-Chair