HomeMy WebLinkAbout2017-1036.Kerr et al.24-01-11 Decision
Crown 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# 2017-1036
UNION# 2017-0719-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kerr et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Justin O'Gorman
Treasury Board Secretariat
Employee Relations & Negotiations
Employee Relations Advisor
HEARING December 7, 2023
-2 -
Decision
[1] In April of 2011, the parties signed a Memorandum of Agreement for the Med/Arb
process within this Ministry. In that agreement it was agreed that overtime
grievances would be dealt with on a regular basis at every institution. It was the
stated expectation that the parties would “move forward together in a timely
manner to resolve as many outstanding overtime grievances” as possible at each
institution. Monthly meetings were to be scheduled for this purpose. It was hoped
that these monthly overtime grievance sessions would resolve most grievances.
[2] It was also agreed in the Memorandum that Med-Arb sessions would be held to
deal exclusively with overtime grievances from time to time. The parties would
meet to attempt resolution of the outstanding grievances and the remaining
disputes would be put before this Board.
[3] In May of 2012 the first decision from this process was issued. As agreed by the
parties, that decision was without prejudice and without reasons. Since that time a
number of sessions have been held and various decisions rendered. The process
has not been altered and continues to serve the parties well.
[4] The grievances determined herein were dealt with on December 7, 2023.
[5] Both parties presented facts, supporting documents and made submissions
regarding the various disputes. Attached as Appendix A is the list of grievances
and the disposition of this Board. Any monies that are owing to individual grievors
as set out in the attached appendix are to be paid at the appropriate overtime rate
less statutory deductions.
[6] I remain seized.
Dated at Toronto, Ontario this 11th day of January 2024.
“Brian P. Sheehan”
Brian P. Sheehan, Arbitrator
-3 -
Appendix A
# LAST NAME FIRST NAME OPSEU # GSB # CASE DATE RESULTS
1 Serf Jaimie 2021-0119-0003 2021-0529 01-Apr-21 Upheld 4 hrs OT
2 Clare Jeffrey 2018-0128-0001 2019-2661 24-Nov-18 Dismissed
3 Clare Jeffrey 2021-0128-0009 2021-0972 16-May-21 Dismissed
4 Joynes Shelley 2019-0128-0004 2019-2669 29-Mar-19 Dismissed
5 Janik Karl 2022-0135-0007 2022-0858 01-Apr-22 Dismissed
6 Leaf Carla 2022-0135-0020 2022-5349 01-Jun-22 Upheld 8 hrs OT
7 McWhinney David 2022-0135-0017 2022-4710 05-Apr-22 Upheld 12 hrs OT
8 Miller Stefan 2020-0135-0003 2019-2846 15-Jan-20 Upheld 8 hrs OT
9 Moloney Kyle 2020-0135-0002 2019-2845 15-Jan-20 Dismissed
10 Pond Steve 2020-0135-0020 2020-0994 07-Jun-20 Dismissed
11 Pond Steve 2020-0135-0037 2020-2008 22-Oct-20 Dismissed
12 Robinet Cory 2022-0135-0031 2022-8101 19-Aug-22 Dismissed
13 Salvador Paulo 2021-0135-0010 2021-0226 19-Apr-21 Dismissed
14 Thomas Lori 2020-0135-0005 2019-2881 14-Jan-20 Upheld 12 hrs OT
15 Bertillo Lawrence 2020-0229-0008 2019-3019 09-Feb-20 Dismissed
16 Frano Frank 2020-0229-0009 2020-0486 10-Feb-20 Dismissed
17 Shukla Rajesh 2020-0229-0007 2019-2948 09-Feb-20 Dismissed
18 Coffin Robert 2022-0252-0031 2022-7465 08-Mar-22 Upheld 8 hrs OT
19 Coffin Robert 2022-0252-0057 2022-11090 26-Jun-22 Dismissed
20 Coffin Robert 2022-0252-0063 2022-11096 28-Aug-22 Upheld 4 hrs OT
21 Coffin Robert 2023-0252-0003 2023-00415 30-Jan-23 Upheld 10 hrs OT
22 Ghaly Chris 2022-0252-0047 2022-11080 15-Jul-22 Upheld 12 hrs OT
23 Kerr Lori 2017-0719-0017 2017-1036 13-Mar-17 Upheld in Part 6 hrs OT