GSB# 2006-0315
UNION# 2006-0517-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Baker)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Faith Crocker Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
June 20, 2006.
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an “True Mediation-Arbitration” process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase, although the vice-chair has the discretion to request further information or documentation. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent.
The grievance relates to the grievor’s claims for a series of $6.00 meal allowances resulting from shift extensions. The claims all date back to 2003 and 2004, and were filed in January 2006. The grievor states that he was not aware that he could make such a claim until just prior to the date on which they were submitted. The 42 claims totalled $252.00. The employer responds that the grievances were all out of time, with the most recent pertaining to a shift worked late in 2004. Given the passage of time, the employer asserts it is not in a position to confirm that the extensions were worked under the conditions necessary to trigger the allowance.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.
Dated at Toronto, this 25th day of July, 2006.