GSB#2007-3820

UNION#2008-0368-0022

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Birkhof)

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 grievance covers ten alleged overtime opportunities on January 2, 3, 4, 7, 8, 12, 13, 17, 21, and 22, 2008. The grievor states that he should have been offered overtime work on each of the dates cited. The employer responds that the overtime opportunities available did not meet the grievor’s restrictions. In addition, the employer states that in a number of cases the work claimed by the grievor was assigned to other employees as straight time, and that there is no requirement for the employer to reassign an employee or take any steps in order to create an overtime opportunity for the grievor.

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