GSB#0182/02

UNION#02A331, 02A332, 02A333, 02A334, 02A335, 02A336

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Group Grievance, Cowell et al.)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Ms. Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Mr. Daniel Der ER Consultant Ministry of Health and Long-Term Care

HEARING

November 25, 2002.

DECISION

The union in this case has referred six grievances alleging unfair treatment and improper pay to the Grievance Settlement Board. The grievances all arise out of the same event,

On December 31, 1999 and January 1 2000 the grievors worked their regularly scheduled shift. The union alleges that they should have been paid overtime for this work and given eight hours stat pay.

The employer takes the position that there has been no violation of the collective agreement and that the grievors were paid in accordance with Article IHC4.1. That article reads:

A shift which does not commence and end on the same calendar day shall be considered as falling wholly within the calendar day on which the shift commences.

After considering the submissions of the parties I am of the view that Article IHC4.1 is applicable to the situation before me and that the grievors were appropriately compensated for the hours in question.

Accordingly, these grievances are dismissed.

Issued at Toronto this 2^nd day of December, 2002.