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HomeMy WebLinkAbout2010-2988.Quesnel et al.12-08-01 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2010-2988, 2011-2785 UNION#2010-0430-0008, 2011-0430-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Quesnel et al) Union - and - The Crown in Right of Ontario (Ministry of Government Services) Employer BEFORE D.J.D. Leighton Vice-Chair FOR THE UNION Stephen Giles Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Meghan Rogers Ministry of Government Services Centre for Employee Relations Employee Relations Officer HEARING July 25, 2012. - 2 - Decision [1] The grievors were customer service representatives (CSR-2’s) at Service Ontario when their grievances were filed. They allege that they were not being allowed to work overtime on weekends, holidays and evenings in contravention of Article 8.2.1 of the collective agreement. They seek compensation for lost overtime and an order that overtime be distributed in an equitable manner. The employer submitted that there was no violation of the collective agreement and overtime had been distributed equitably within management’s right to organize and provide services. [2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [3] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny these grievances. Dated at Toronto this 1st day of August 2012. D.J.D. Leighton, Vice-Chair