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HomeMy WebLinkAbout2008-2782.Cook.09-11-16 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#2008-2782 UNION#2008-0368-0129 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union Union (Cook) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREFelicity D. Briggs Vice-Chair FOR THE UNIONFrank Inglis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERGary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer HEARING October 22, 2009. - 2 - Decision [1]The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2]Tim Cook works as a Cook 3 in the Kitchen at CECC. He filed a grievance that alleged the Employer violated various provisions of the collective agreement including Management?s Rights when it failed to assign a classified Cook 3 to work a shift that needed to be backfilled. It was Mr. Cook?s view that the Employer can only assign this backfill work as overtime to a classified Cook 3 or, in the event that no classified Cook 3?s are willing to work the shift, to a classified Cook 2. [3]The Employer argues that it has the right to assign this as it sees fit including assigning of the work to unclassified employees. [4]After consideration, the grievance is dismissed. I can find nothing in the Collective Agreement or any other document that restricts the scheduling of overtime work to classified employees. In this instance, the Employer scheduled the overtime appropriately. th Dated at Toronto this 16 day of November 2009. Felicity D. Briggs, Vice-Chair