GSB#2009-0583

UNION#2009-0582-0065

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rimos)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Anastasios Zafiriadis, Frank Inglis Grievance Officers Ontario Public Service Employees Union

FOR THE EMPLOYER

Karen Martin, Bart Nowak Staff Relations Officers Ministry of Community Safety and Correctional Services

HEARING

November 24, 2009.

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 in this case relates to a claim for overtime on April 9, 2009. The employer responds that the post in issue was not filled and that there is no requirement for the employer to fill the post or 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.