GSB#2008-2421

UNION#2007-0368-0207

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Guthrie)

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

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Scott Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 22, 2009.

Decision

1The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the 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. Kathy Guthrie worked at CECC in the kitchen as a Food Services Helper. She grieved that she was entitled to five overtime shifts that were scheduled and worked by unclassified employees at the end of March and early April of 2007. By way of remedy she wanted thirty one hours paid at overtime rates.

3The Employer provided documentation that revealed the shifts at issue were given to unclassified employees. These shifts were not paid at overtime rates because the unclassified employees assigned had not worked forty hours. Accordingly, in the absence of a breach of the collective agreement it was urged that the grievance should be dismissed.

4After consideration I must agree with the Employer and accordingly the grievance is denied.