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HomeMy WebLinkAbout2019-1907.Janes.23-04-26 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB# 2019-1907 UNION# 2019-0229-0039 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Janes) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Brian P. Sheehan Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER David Marincola Treasury Board Secretariat Employee Relations Advisor HEARING April 4, 2023 - 2 - Decision [1] The Employer and the Union at the Ontario Correctional Institute in Brampton agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent. [2] Rob Janes (the "grievor") is employed as a Correctional Officer II. [3] The grievor agreed to take part in training sessions on September 16 and 17, 2019 which were normal days off for him, and in exchange, he would be off September 21 and 22. [4] The grievor claims that he should have been paid overtime for his shifts on September 16 and 17. The grievor relies on the fact that apparently another Corrections Officer was paid overtime on September 24, 2019, to attend a training session. [5] The complete answer to the grievance is captured in Article COR 5.3 of the collective agreement wherein it stipulates that premium pay is not applicable to a change of a shift that was mutually agreed to between the Employer and the employee. [6] Accordingly, the grievance is, hereby, dismissed. Dated at Toronto, Ontario this 26th day of April 2023. “Brian P. Sheehan” _____________________ Brian P. Sheehan, Arbitrator