Ontario Public Service Employees Union (Tsangaris) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76377

GSB#2007-3102

UNION#2008-0530-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tsangaris)

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

Anastasios Zafiriadis and Frank Inglis Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Gary Wylie and Greg Gledhill Ministry of Community Safety and Correctional Services Staff Relations Officers

HEARING

December 1, 2009.

Decision

1Mr. Emmanouel Tsangaris, a Cook 4 at the Toronto Jail, grieved January 21, 2008, alleging that the employer was not exercising its management rights reasonably when it posted schedules for the cooks, and it had failed to distribute overtime fairly. 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 policy of the parties 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 deny this grievance.