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HomeMy WebLinkAbout2008-2421.Guthrie.09-11-17 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#2008-2421 UNION#2007-0368-0207 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 (Guthrie) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREFelicity D. Briggs Vice-Chair FOR THE UNIONAnastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERBrian Scott 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]Ms. Kathy Guthrie worked at CECC in the kitchen as a Food Services Helper. She grieved that she was entitled to five overtime shifts that were scheduled and worked by unclassified employees at the end of March and early April of 2007. By way of remedy she wanted thirty one hours paid at overtime rates. [3]The Employer provided documentation that revealed the shifts at issue were given to unclassified employees. These shifts were not paid at overtime rates because the unclassified employees assigned had not worked forty hours. Accordingly, in the absence of a breach of the collective agreement it was urged that the grievance should be dismissed. [4]After consideration I must agree with the Employer and accordingly the grievance is denied. th Dated at Toronto this 17 day of November 2009. Felicity D. Briggs, Vice-Chair