Ontario Public Service Employees Union (Cook) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66854

GSB#2008-2782

UNION#2008-0368-0129

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cook)

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

Frank Inglis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie 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.

2Tim Cook works as a Cook 3 in the Kitchen at CECC. He filed a grievance that alleged the Employer violated various provisions of the collective agreement including Management’s Rights when it failed to assign a classified Cook 3 to work a shift that needed to be backfilled. It was Mr. Cook’s view that the Employer can only assign this backfill work as overtime to a classified Cook 3 or, in the event that no classified Cook 3’s are willing to work the shift, to a classified Cook 2.

3The Employer argues that it has the right to assign this as it sees fit including assigning of the work to unclassified employees.

4After consideration, the grievance is dismissed. I can find nothing in the Collective Agreement or any other document that restricts the scheduling of overtime work to classified employees. In this instance, the Employer scheduled the overtime appropriately.