GSB#2007-1675

UNION#2007-0368-0122

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Allin)

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 that he was improperly passed over for the night shift on July 27, 2007. The grievor produced evidence that he had indicated his availability for the shift, albeit as a late entry. The employer’s records indicate that the employer made attempts to hire for the shift, including contacting at least one late entry employee who was below the grievor on the availability list. In the end, the employer did not fill the shift. The employer could not explain why it was that the grievor had registered his availability for the shift, and yet his name was not on the employer’s list and he was not called.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievor should be awarded 6 hours overtime, i.e. 9 hours at straight time.