IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dunn)

Grievor

and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Stacey Zafiriadis Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Aimee Ableman Employee Relations Consultant Ministry of Health and Long-Term Care

HEARING

October 26, 2004.

Decision

This case deals with the grievor’s right to an overtime assignment for a shift that started on January 6, 2003. The employer takes the position that the grievor was not entitled to the overtime assignment in question and that, regardless, the grievance was not arbitrable in that it was not processed to arbitration within the required time limits.

The parties agreed that this matter was to be dealt with under the mediation/arbitration procedure set out in Art. 22.16. The parties have also requested that I issue a decision without reasons.

Having carefully reviewed the evidence presented and the submissions of the parties, I am satisfied that, quite apart from the issue of arbitrability, the employer did not violate the overtime provisions of the collective agreement. As a result, the grievance is dismissed.

Dated at Toronto, this 3^rd^ day of November, 2004:

Ontario Public Service Employees Union (Dunn) v. The Crown in Right of Ontario (Ministry of Health and Long-Term Care), 2004 CanLII 55389

Case Summary

IN THE MATTER OF AN ARBITRATION

BETWEEN

Grievor