Ontario Public Service Employees Union (Hindman) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2010 CanLII 18863

GSB#2008-3934

UNION#2009-0368-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hindman)

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 should have been called in to work overtime on January 16, 2009. That evening, the maintenance manager stayed after regular hours to work on re-writing the text for the black button program, work the grievor alleges is normally performed by members of the bargaining unit. The employer responds that the manager performed the work as a training opportunity under the guidance of the contractor so that he would be familiar with the process.

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