GSB#2009-0696

UNION#2009-0368-0050

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 April 9, 2009. The work in question involved a repair to the television cable on one of the units. The employer issued a work order or “ticket” for this work late on the afternoon of Thursday, April 8. The grievor was unable to get to the work prior to the end of the shift. The next day, April 9, was Good Friday. One of the OM16’s on duty that day made a repair to the television cable in question. The grievor alleges he should have been called in to work overtime that weekend. The employer responds that the repair work performed by the OM16 was only a temporary fix, undertaken in order to avoid tension in the unit in the absence of television service. The work “ticket” remained open, and the grievor performed a proper repair on his return to work. The employer also points out that the day in question was a paid holiday and the overtime provisions of the collective agreement do not apply.

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