GSB# 2004-3648

UNION# 2005-0108-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Stevens)

Union

• 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

Stephen Giles Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Timothy Bingham Staff Relations Officer Ministry of Community Safety and Correctional Services

HEARING

May 18, 2006.

Decision

The parties referred Arthur Stevens’ grievance dated January 19,2005 to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievance alleges:

I grieve that I was denied overtime on Dec 27, 2004. A manager at E.M.D.C. participated in bargaining unit duties for an extended period of time.

At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter and they requested that I issue a without prejudice decision, with no reasons.

Having carefully reviewed the submissions of the parties as well as the jurisprudence of the Board, I hereby dismiss the aforementioned grievance.

Dated at Toronto this 26^th^ day of May 2006.