GSB#2010-1414

UNION#2010-0290-0018

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Williams)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Tim Mulhall, Frank Inglis, Greg Gray Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Nicholas Sapp Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

March 17, 2011.

Decision

1The parties agreed to present this grievance in accordance with Article 22.16 of the collective agreement, and this decision is without prejudice or precedent.

2The grievance relates to a claim for assignment and pay for a position that was not filled on the Victoria Day holiday in 2010. The employer responds that there was no requirement to fill this position for the shift in question, and no rights can arise where the employer exercises its discretion not to staff the position.

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