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HomeMy WebLinkAbout2007-1675.Allin.10-03-18 Decision Commission de Crown Employees Grievance règlement des griefs Settlement 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#2007-1675 UNION#2007-0368-0122 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Allin) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Scott Andrews, Frank Inglis Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie, Laura McCready, Bart Nowak Staff Relations Officers Ministry of Community Safety and Correctional Services HEARINGMarch 4, 2010. - 2 - Decision [1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. [2]The grievor alleges that he was improperly passed over for the night shift on July 27, 2007. The grievor produced evidence that he had indicated his availability for the shift, albeit as a late entry. The employer?s records indicate that the employer made attempts to hire for the shift, including contacting at least one late entry employee who was below the grievor on the availability list. In the end, the employer did not fill the shift. The employer could not explain why it was that the grievor had registered his availability for the shift, and yet his name was not on the employer?s list and he was not called. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievor should be awarded 6 hours overtime, i.e. 9 hours at straight time. th Dated at Toronto this 18 day of March 2010. Barry Stephens, Vice-Chair