Ontario Public Service Employees Union (Lucan) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2011 CanLII 41848

GSB#2006-3039, 2006-3040, 2007-0416

UNION#2006-0108-0038, 2006-0108-0039, 2006-0108-0070

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lucan)

Union

• and -

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

Employer

BEFORE

Barry Stephens Vice-Chair

FOR THE UNION

Frank Inglis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

June 8, 2011.

Decision

1This matter has been under discussion for some time by the parties. The grievor alleges that in 2005-06, while he was in receipt of WSIB benefits, he was working. The grievance alleges that, while he was paid for some of his time during the period in question, he was not paid for all of his actual worked hours.

2After reviewing the documentation, particularly that supplied by the employer, it appears that the grievor may well have a prima facie case, in that, while some reconciliation has taken place, it is not clear that the grievor has been compensated for all hours worked. As a result, the parties have agreed that the most sensible process is for the advisors to get together with the employer’s payroll advisor in order to review the grievor’s actual pay against the hours attributed to determine if, in the end, he was paid appropriately.

3The parties are scheduled to engage in a thorough review on August 15 in North Bay. Any issues left outstanding on that date will be brought back before me on November 17, 2011.