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HomeMy WebLinkAbout2009-0658.Marshall.09-12-18 Decision Commission de Commission de Crown Employeess Grievance Settlement Grievance Settlement règlement des griefs règlement des griefs BoardBoard des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB#2009-0658 GSB#2009-0658 UNION#2009-0234-0067UNION#2009-0234-0067 IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union (Marshall) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Bart Nowak Ministry of Community Safety and Correctional Services Staff Relations Officer HEARINGDecember 8, 2009. -2- Decision [1]The Employer and the Union at the Maplehurst 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]Mr. Paul Marshall is a Correctional Officer 2 at Maplehurst. In May of 2009, he filed a grievance that alleged the Employer violated the Collective Agreement and the HPRO agreement by failed to offer him certain overtime work. [3]The facts were not in dispute. Mr. Marshall made it known that he was willing to work overtime for the shift at issue. Further, he was the next in line for overtime work given his number of hours worked. However, the work needed to be done was to perform the duties of a Bailiff. According to the grievor, he should have been given the work. [4]The Employer disagreed. It was contended that while the grievor has the license to drive a bus, he has not undertaken the additional training that is required to work as a Bailiff. That lack of training means that he was not eligible for that overtime work. [5]I agree with the Employer in this matter and accordingly the grievance is denied. th Dated at Toronto this 18 day of December 2009. Felicity D. Briggs, Vice-Chair