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HomeMy WebLinkAbout2009-0696.Hindman.10-03-22 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#2009-0696 UNION#2009-0368-0050 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Hindman) 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 he should have been called in to work overtime on April 9, 2009. The work in question involved a repair to the television cable on one of the units. The employer issued a work order or ?ticket? for this work late on the afternoon of Thursday, April 8. The grievor was unable to get to the work prior to the end of the shift. The next day, April 9, was Good Friday. One of the OM16?s on duty that day made a repair to the television cable in question. The grievor alleges he should have been called in to work overtime that weekend. The employer responds that the repair work performed by the OM16 was only a temporary fix, undertaken in order to avoid tension in the unit in the absence of television service. The work ?ticket? remained open, and the grievor performed a proper repair on his return to work. The employer also points out that the day in question was a paid holiday and the overtime provisions of the collective agreement do not apply. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. - 3 - nd Dated at Toronto this 22 day of March 2010. Barry Stephens, Vice-Chair