GSB#2009-0288, 2009-0289

UNION#2009-0411-0123, 2009-0411-0124

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hynes)

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

1Mr. Paul Hynes, a correctional officer at Ottawa Carleton Detention Centre has two overtime grievances to be considered. He grieves that he did not get an overtime shift on December 7, 2008 and on January 22, 2009. The union argued that given his “HOT” hours, he should have been given these shifts. The employer denied that it had violated 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 hereby grant these grievances and order the employer to pay the grievor 24 hours at the overtime rate of his pay.