Grievance Settlement Board
GSB # 1101/96 OPSEU # 96F670
IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Lang) Grievor
- and -
The Crown in Right of Ontario (Ministry of Transportation) Employer
BEFORE: Richard M. Brown, Vice Chair
FOR THE GRIEVOR: Robin Gordon, Grievance Officer, Ontario Public Service Employees Union FOR THE EMPLOYER: Ben Ratelband, Counsel, Legal Services Branch, Management Board Secretariat
HEARING: March 21, 2000
Decision
Cliff Lang filed an overtime grievance dated April 9, 1996. The crux of his complaint is that he received compensating time off rather than overtime pay at a premium rate.
The employer contends overtime pay is precluded by the local appendix to the sectoral framework agreement under the Social Contract Act.
The union does not contest the position taken by the employer on this point.
In the absence of any dispute between the parties to the collective agreement, the employer submits I am without jurisdiction to hear the grievance. In this regard, counsel relies upon the decision in E. Blake and Amalgamated Transit Union, GSB File No. 1275/87, dated May 3, 1988. I agree with this submission.
The grievance is dismissed.
Dated at Toronto, this 28th day of March, 2000