HomeMy WebLinkAbout2007-3817.McDonald.10-03-19 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#2007-3817
UNION#2008-0368-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McDonald)
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 she should have been called for an overtime shift as an RN on
January 28, 2008. The grievance also alleges that the employer improperly hired an RPN to fill
and RN shift. On the day in question, the employer appears to have made some initial efforts to
call an employee in for overtime, but hired an RPN who was a Fixed Term Employee (FTE) who
had not yet worked 40 hours in that week. The employer responds that RPN?s and RN?s perform
substantially the same duties, and it has a practice of filling shifts by first calling FTE RN?s and
then FTE RPN?s who have not worked 40 hours in the week.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
th
Dated at Toronto this 19 day of March 2010.
Barry Stephens, Vice-Chair