Ontario Public Service Employees Union (Marshall) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76367

GSB#2009-0658

UNION#2009-0234-0067

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Marshall)

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 Officers

FOR THE EMPLOYER

Bart Nowak Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

December 8, 2009.

Decision

1The Employer and the Union at the Maplehurst 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.

2Mr. Paul Marshall is a Correctional Officer 2 at Maplehurst. In May of 2009, he filed a grievance that alleged the Employer violated the Collective Agreement and the HPRO agreement by failed to offer him certain overtime work.

3The facts were not in dispute. Mr. Marshall made it known that he was willing to work overtime for the shift at issue. Further, he was the next in line for overtime work given his number of hours worked. However, the work needed to be done was to perform the duties of a Bailiff. According to the grievor, he should have been given the work.

4The Employer disagreed. It was contended that while the grievor has the license to drive a bus, he has not undertaken the additional training that is required to work as a Bailiff. That lack of training means that he was not eligible for that overtime work.

5I agree with the Employer in this matter and accordingly the grievance is denied.