GSB#2009-1426

UNION#2009-0582-0079

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union
(Steenson)

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 25, 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 premium pay to work Victoria Day, May 18, 2009. The employer responds that there is no collective agreement requirement with respect to the distribution of premium holiday work.

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