HomeMy WebLinkAbout2011-2784.Cordeau 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#2011-2784
UNION#2011-0430-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cordeau 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-3’s) at Service Ontario when
this group grievance was filed on August 4, 2011. They allege that the employer is not
distributing overtime in a fair and equitable manner, in contravention of Article 8 of the
collective agreement. They seek an order that overtime be distributed in a fair and equitable
manner and to be made whole. 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