GSB#2008-3738

UNION# 2009-0368-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Beardsmore)

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.

2Robert Beardsmore filed a grievance alleging that the Employer violated the Collective Agreement and HPRO – overtime protocol – by failed to offer him overtime for a particular night shift.

3After hearing the evidence and submissions of the parties I am of the view that given the particular facts at hand, this grievance must be dismissed.