GSB# 1738/02, 2274/02
UNION# 2002-0467-0060, 2002-0467-0061, 2002-0467-0062, 2002-0467-0063, 2002-0467-0064, 2002-0467-0065, 2002-0467-0066, 2002-0467-0067, 2002-0467-0068, 2002-0467-0069, 2002-0467-0070, 2002-0467-0071, 2002-0467-0072, 2002-0467-0073, 2002-0467-0074, 2002-0467-0075, 2002-0467-0076, 2002-0467-0077, 2002-0467-0078, 2002-0467-0100
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Deschamps et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Public Safety and Security)
Employer
BEFORE
Gerry Lee
Vice-Chair
FOR THE UNION
Eric O’Brien Regional Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin Staff Relations Officer Ministry of Public Safety and Security
HEARING
June 11, 2003.
Decision
The Parties referred the above-captioned group grievances to mediation/ arbitration in accordance with Article 22.16 of the Collective Agreement. The grievances involve an overtime assignment that was undertaken by two members of management staff on August 30, 2002. The Union seeks compensation for the grievors’ lost overtime wages in the amount of $400.00.
At the outset of the hearing, the Parties agreed that I had jurisdiction to decide this matter and they requested that I issue a without prejudice and without precedent decision with no reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I hereby find that the employer failed to follow the local overtime protocol.
In consideration of the difficulty in determining which bargaining unit staff ought to have performed the work in question, the Parties agreed that in the event that I decided this matter in favour of the union, the payment of $400.00 is best directed to Local 467. It is so ordered.
I shall remain seised should the Parties encounter any difficulties arising out of the implementation of this award.
Dated at Toronto, this 26th day of June, 2003.