GSB# 2004-1000, 2004-1003, 2004-1004, 2004-1007, 2004-1878
UNION# 2004-0411-0033, 2004-0411-0036, 2004-0411-0037, 2004-0411-0040, 2004-0411-0080
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Cooper 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
Scott Andrews 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 10, 2004.
Decision
The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievances were filed in May of 2004 and involve a community escort matter. The Union seeks the declaration that the community escort agreement has been violated and seeks the compensation for missed overtime opportunities.
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 am satisfied that the Employer did not follow the protocol for calling in community escorts on May 7, 2004 as defined in the Overtime Protocol for the Ottawa Carleton Detention Centre. The parties are to determine who should have been called in according to that protocol and compensate them accordingly.
I shall remain seised should the parties encounter any difficulties arising in the implementation of this order.
Accordingly, the aforementioned grievance is resolved.
Dated at Toronto this 24th day of September 2004.