GSB# 2005-2570
UNION# 2005-0337-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Cassidy)
Union
- and -
The Crown in Right of Ontario (Ministry of Children and Youth Services)
Employer
BEFORE
Reva Devins
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Nicholas Sapp Employee Relations Advisor Ministry of Children and Youth Services
HEARING
May 2, 2006.
Decision
The parties have agreed to an expedited mediation-arbitration process to resolve grievances at the Brookside Youth Centre in Cobourg. Although a formal protocol has not been finalized, the parties have agreed to attempt to settle matters at mediation and, if mediation is not successful, to refer appropriate cases to expedited arbitration. The parties specifically agree that the Vice Chair can hear the matter under Article 22.16 of the collective agreement and that the decision will be without prejudice or precedent.
In this case, the grievance asserts that CET officers were called in on August 3, 2005 before the Escort Officer list was exhausted. The grievor seeks payment for a twelve hour overtime shift as financial compensation.
The facts pertaining to this matter were not in dispute. On August 3, 2005, escort duty was assigned to two qualified Youth Service Officers while they were working their regular shift. Two other officers, who were not on the Escort Officer list but who were qualified to perform escort duties, were called in as replacements to assume the Escort Officers’ regular duties. When the staff arrived, the assigned escort officers asked management if they could remain at the facility and if the call in staff could escort the youth offsite. Management agreed to this request.
Having heard the submissions of the parties, I am satisfied that even if the employer did not follow the escort call in policy, the grievor is not entitled to an individual remedy. Escort officers would have been called from the overtime list. On the date in issue, there were four qualified officers on the overtime list, however, the grievor was not among them. Therefore, I find that, in any event, the grievor would not have been called and is not entitled to receive payment for an overtime shift.
The grievance is dismissed.
Dated at Toronto this 8th day of May 2006