GSB# 2003-1301
UNION# 2003-0438-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Whaley et al.)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Tim Mulhall Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Michael Briscoe Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
August 11, 2004.
Decision
This was one of many cases dealt with by the parties on three days of mediation held on August 10-12, 2004 to deal with outstanding grievances out of the Rideau Correctional Centre. Many of those cases were resolved by way of settlements or withdrawals. Some may have to be advanced to the Board for further mediation and/or arbitration.
There were, however, a number of cases, like the instant one, which the parties agreed ought to be disposed of through the mediation/arbitration procedure contemplated under Article 22.16. To that end, the parties agreed that I ought to make a final determination on the basis of the information provided to me during the course of the mediation process. I also gave the parties a full opportunity to make submissions which I considered prior to issuing any ruling. To further expedite the process and in view of the lack of precedential value associated with this decision under the terms of Article 22.16.7, the parties asked that I not include any reasons in this decision.
Following the public service strike in March of last year, there were discussions between the parties at the local level as to whether or not hours worked during the strike ought to be "balanced". The parties agreed that this balancing would take place. It did and the employer performed the requisite calculations in a manner which the union does not dispute conformed with the collective agreement and the relevant Memorandum of Settlement. The instant grievors who, as a result of these calculations, were found to consequently "owe" hours are now challenging the manner of the balancing.
Having considered the submissions of the parties, this grievance is hereby dismissed.
Dated at Toronto this 16^th^ day of August 2004.