Loading...
HomeMy WebLinkAbout2007-3820.Birkhof.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#2007-3820 UNION#2008-0368-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Birkhof) 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 grievance covers ten alleged overtime opportunities on January 2, 3, 4, 7, 8, 12, 13, 17, 21, and 22, 2008. The grievor states that he should have been offered overtime work on each of the dates cited. The employer responds that the overtime opportunities available did not meet the grievor?s restrictions. In addition, the employer states that in a number of cases the work claimed by the grievor was assigned to other employees as straight time, and that there is no requirement for the employer to reassign an employee or take any steps in order to create an overtime opportunity for the grievor. [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