GSB#2009-1273

UNION# 2009-0368-0096

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (White)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean Milloy Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 2, 2010.

Decision

1The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Mr. Carl White filed a grievance alleging that he should have been paid call back pay on December 29, 2008. After a message was left at his home to call the Employer, he contacted the Centre and had a short telephone discussion regarding a recent absence. It is this time for which he claims call back.

3After hearing the facts and submissions in this matter I am of the view that the grievance must be dismissed.