HomeMy WebLinkAbout2009-0288.Hynes.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#2009-0288, 2009-0289
UNION#2009-0411-0123, 2009-0411-0124
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hynes)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]Mr. Paul Hynes, a correctional officer at Ottawa Carleton Detention Centre has two
overtime grievances to be considered. He grieves that he did not get an overtime shift on
December 7, 2008 and on January 22, 2009. The union argued that given his ?HOT?
hours, he should have been given these shifts.The employer denied that it had violated 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 hereby grant these grievances and order the employer to pay the grievor 24
hours at the overtime rate of his pay.
th
Dated at Toronto this 27 day of October 2009.
Deborah J.D. Leighton, Vice-Chair