GSB#2010-0688, 2010-0690

UNION#2010-0119-0002, 2010-0119-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lippington)

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, Anastasios Zafiriadis, Laurie Sabourin Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Sean Milloy, Victoria Fichtenbaum Ministry of Government Services Employee Relations Division Staff Relations Officers

HEARING

June 15, 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 grievances relate to claims for two 12-hour shifts, one in September 2009 and the second in late January 2010. The grievor alleges she was improperly bypassed for both shifts. The employer responds that the shifts in question were assigned to unclassified employees who had not yet attained the forty hours in the weeks in question, and that the assignment of hours in such circumstances is not governed by the collective agreement or the HPRO protocol. The employer further argues that the fact that the employer used the HPRO system in order to find employees to whom the work could be assigned does not give rise to an obligation to assign the work in any particular order.

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