GSB# 2004-1409, 2004-1410
UNION# 2003-0438-0033, 2003-0438-0034
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Cordick)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Jim Paul Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Michael Briscoe Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
August 12, 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.
Two grievances have been filed alleging that the employer has violated its collective agreement obligation to distribute overtime fairly and equitably. In each case the grievor complains that in a context where he had indicated his general willingness to work overtime in the month in question, he was not offered certain shifts which became available. In each case, however, the grievor was on vacation at the time and the shifts in question were the very shifts he would otherwise have been scheduled to work but for his vacation.
Having considered the submissions of the parties, I was of the view that the grievances were without merit and dismissed them orally at the hearing.
Dated at Toronto this 16th day of August 2004.