GSB# 2004-1412
UNION# 2003-0438-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Best 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 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.
The grievors are all unclassified correctional officers (“COs”) who were placed in “slots” on the schedule, i.e. scheduled to work hours in the same fashion as full-time classified COs. They grieve that they were not paid overtime during the weeks which, as part of the compressed work week schedule, they routinely worked 60 hours.
The union does not dispute that (pursuant to Article 31A.16.1 of the collective agreement), Article 10.1 applies to unclassified employees. Further, neither was it disputed that there was a compressed work week in place on agreement of the parties which precluded the payment of overtime except where employees worked in excess of their scheduled hours (which, in some weeks, apparently might have regularly been as many as 60 hours).
Having regard to the positions of the parties, this grievance is hereby dismissed.
Dated at Toronto this 16th day of August 2004.