Monetary compensation, not an in-kind remedy, is required for missed overtime opportunities under voluntary distribution system.
The union filed a policy grievance regarding the appropriate remedy when a Correctional Officer is improperly denied an overtime assignment under the local overtime agreement at the Guelph Correctional Centre.
The employer argued for an in-kind remedy (a future overtime opportunity), while the union sought monetary compensation.
The Grievance Settlement Board held that because the local overtime distribution system was voluntary and not a true equalization system, an in-kind remedy would be impractical and inconsistent with the collective agreement.
The Board concluded that a monetary award is the appropriate remedy for the missed overtime opportunities.