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HomeMy WebLinkAbout2007-3749.Balogh-Narhi.10-01-25 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#2007-3749, 2007-3750 UNION#2007-0252-0027, 2007-0252-0028 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Balogh/Narhi)Union - and - The Crown in Right of Ontario Employer (Ministry of Community Safety and Correctional Services) BEFOREFelicity D. Briggs Vice-Chair FOR THE UNIONAnastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERGreg Gledhill Ministry of Community Safety and Correctional Services Staff Relations Officer HEARING January 19, 2010. -2- Decision [1]The Employer and the Union at the Niagara Detention 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. Tim Balogh and Mr. Roger Narhi are Correctional Officers. On November 7, 2007 both were called to work twelve hours of overtime in accordance with the Overtime Protocol. By all accounts, the purpose of the overtime was to relieve other Officers who were on Hospital Escort duty. After approximately nine hours of the overtime the other Correctional Officers returned to the Detention Centre because their Escort Duty had concluded. As a result, the Operational Manager asked Mr. Balogh and Mr. Narhi to go home. According to the documents provided, the ?HOT? hours of the protocol were adjusted for each grievor to show that they just worked nine hours of overtime. [3]The Union asserted that the Employer was obliged to utilize and pay the two grievors for the full period of the twelve hour overtime shift because that is what they signed up for, were asked and agreed to do. Further, Mr. Balogh stated that this was the very first time that he was sent home short of completing an overtime shift that he had agreed to work. -3- [4]The Employer contended that it has the right to manage the work in accordance with its Management?s Rights. When there was no longer an operational need for the grievors to remain at work they can be sent home. It was urged that there is nothing in the Provincial Overtime Protocol that precludes the Employer from sending the grievors home at any point prior to the completion of the full twelve hour shift. [5]When asked to do so, the Employer provided documentation to show that it is not unusual for Correctional Officers to be sent home short of a full overtime shift. [6]It is noted that there is nothing directly on point in the Protocol (July 7, 2006) that contemplates the cancellation of overtime. However, in the ?questions and answers? attached to the Protocol it is stated that ?if the employer cancels an overtime shift? the hours do not count towards the employee?s total hours. [7]After considering the facts and submissions of the parties I am of the view that these grievances must fail. th Dated at Toronto this 25 day of January 2010. Felicity D. Briggs, Vice-Chair