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HomeMy WebLinkAbout2009-1626.Lewis et al.11-02-18 Decision Commission de Crown Employees Grievance UqJOHPHQWGHVJULHIV Settlement Board GHVHPSOR\pVGHOD 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 7pO   Fax (416) 326-1396 7pOpF   GSB#2009-1626, 2009-1629 UNION#2009-0337-0007, 2009-0337-0010 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lewis/Clinton) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREBarry Stephens Vice-Chair FOR THE UNIONFrank Inglis, Gregg Gray Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYERNicholas Sapp Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING February 17, 2011. - 2 - Decision [1]The parties agreed to hear this grievance in accordance with Article 22.16 of the collective agreement, and this decision is without prejudice or precedent. [2]The grievances in this case challenge the HPSOR\HU¶VSUDFWLFHRIDVVLJQLQJVKLIWVWR unclassified employees where the employees have not reached the 40-hour limit, but where the shift takes the classified employee over the limit, and part of the shift becomes an overtime shift. The grievors allege that the employer is required in such circumstances to split the shift, and is permitted only to assign the hours up to 40 to the unclassified employee, with the remainder of the shift made available to classified employees as an overtime opportunity. The employer responds that the current practice is consistent with the collective agreement. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed. th Dated at Toronto this 18 day of February 2011. Barry Stephens, Vice-Chair