Ontario Public Service Employees Union (Snider) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2010 CanLII 68781

GSB#2008-3737

UNION#2009-0119-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Snider)

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 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 grievance in this case relates to an overtime claim. The employer raised a preliminary objection with respect to the timeliness of the grievance. The alleged violation occurred on July 13, 2008. The grievance was filed on February 12, 2009.

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