Ontario Public Service Employees Union (Mottram) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2010 CanLII 18837

GSB#2006-2183

UNION#2006-0368-0183

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mottram)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Scott Andrews, Frank Inglis Grievance Officers Ontario Public Service Employees Union

FOR THE EMPLOYER

Gary Wylie, Laura McCready, Bart Nowak Staff Relations Officers Ministry of Community Safety and Correctional Services

HEARING

March 4, 2010.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievor alleges he was improperly denied overtime under the overtime protocol in existence at the time of his grievance. The protocol clearly indicated that if an employee failed to submit availability by the 20^th of the month, he or she would not be eligible for overtime in the following month. The grievor had failed to submit his availability on time for November 2006.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.