GSB#2007-3817

UNION#2008-0368-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McDonald)

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 she should have been called for an overtime shift as an RN on January 28, 2008. The grievance also alleges that the employer improperly hired an RPN to fill and RN shift. On the day in question, the employer appears to have made some initial efforts to call an employee in for overtime, but hired an RPN who was a Fixed Term Employee (FTE) who had not yet worked 40 hours in that week. The employer responds that RPN’s and RN’s perform substantially the same duties, and it has a practice of filling shifts by first calling FTE RN’s and then FTE RPN’s who have not worked 40 hours in the week.

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