GSB# 2003-3560, 2003-3561, 2003-3562, 2003-3563, 2003-3564, 2003-3565, 2004-0979, 2004-0980, 2004-0982
UNION# 2003-0411-0066, 2003-0411-0067, 2003-0411-0068, 2003-0411-0069, 2003-0411-0070, 2003-0411-0071, 2003-0411-0095, 2003-0411-0096, 2003-0411-0098
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Legari et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Loretta Mikus
Vice-Chair
FOR THE UNION
Tim Mulhall Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Lucy Neal Senior Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
September 9, 2004.
Decision
The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievances involve a single overtime assignment on October 18, 2003. The Union seeks compensation for the grievors’ lost overtime wages.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this matter, and requested that I issue a decision, without reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I hereby find that the overtime protocol was not adhered to. I hereby order that Mr. Stephen Cashion solely, is entitled to appropriate compensation for the missed twelve-hour overtime opportunity.
I shall remain seised should the parties encounter any difficulties arising in the implementation of this order.
Accordingly, the aforementioned grievances are resolved.
Dated at Toronto this 20th day of September 2004.