GSB#2009-0424

UNION#2009-0108-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pratt)

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

Laura Josephson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

January 25, 2010.

Decision

1The Employer and the Union at the Elgin Middlesex Detention 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. Anne Pratt filed a grievance that alleged on April 1, 2009 there was a vacancy created by the absence of a Correctional Officer. There is no dispute between the parties that there was a Correctional Officer shift that became open. The Employer’s position was that it has the right to determine whether to assign work and in this case it decided it was not necessary. The grievor contended that because she had indicated an availability to work overtime on that particular shift, the Employer was obliged to offer her the work.

3I disagree. The overtime protocol is predicated on “once the decision has been made to hire overtime”. In this instance the Employer decided not to hire anyone on overtime and that is its right.

4Grievance denied.