Ontario Public Service Employees Union (Tilley) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 59137

GSB#2007-1120, 2007-2794, 2008-3516

UNION#2007-0234-0119, 2007-0234-0315, 2009-0234-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tilley)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Greg McVeigh Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

July 27 and 28, 2009.

DECISION

1The Employer and the Union at the Vanier Centre for Women agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Many grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Ms. Rosalind Tilley is an Offender Records Clerk and has filed three grievances. All allege that the Employer has violated "the Collective Agreement and/or any other Legislation or Local Agreement" by denying her work on various Statutory Holidays.

3There is no provision in the Collective Agreement that has been violated in my view. Further, there is no local agreement or protocol regarding the scheduling of overtime for Record Clerks that was brought to my attention. Accordingly, the grievances are dismissed.