GSB#2010-1986

UNION#2010-0616-0028

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sutherland)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin and Brian Scott Ministry of Government Services Centre for Employee Relations Staff Relations Officers

HEARING

November 16, 2010.

Decision

1Mr. Steve Sutherland, a correctional officer with the Ministry, grieved on September 19, 2010 that he was wrongly denied an overtime opportunity on August 13, 2010. The employer submitted that there was no violation of the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the policy of the parties for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny this grievance.