Ontario Public Service Employees Union (Rondeau) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66586

GSB#2008-3523

UNION#2009-0411-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rondeau)

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

Frank Inglis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Bart Nowak Ministry of Community Safety and Correctional Services Employee Relations Advisor

HEARING

October 7, 2009.

Decision

1Ms. Rondeau, a correctional officer at Ottawa Carleton Detention Centre, grieved on January 31, 2009, that the employer wrongly distributed overtime on January the 18, 2009, and failed to follow the HPRO 3 protocol. The shift was given to another CO as overtime, when she had not received her 40 hours as an unclassified CO. The employer denied that it had violated the collective agreement and noted that this occurred before the recent change to the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the provisions for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that there has been no violation of the collective agreement and I hereby deny this grievance.