GSB# 2004-1029, 2004-1030
UNION# 2004-0108-0080, 2004-0108-0081
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Pungitore et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Deborah J. D. Leighton
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Timothy Bingham Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
November 16, 2004.
Decision
The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievances were filed on May 28th of 2004 and involve the performance of bargaining unit work. The Union seeks the compensation for missed overtime opportunity.
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 direct the Employer to compensate Mr. Pungitore with sixteen hours pay, less statutory deductions.
Accordingly, Mr. Pungitore’s grievance is granted. Mr. Stevens’ grievance is hereby dismissed
I shall remain seised should the parties encounter any difficulties arising in the implementation of this order.
Dated at Toronto this 24th day of November 2004.