GSB#2010-0682, 2010-0683, 2010-2437, 2010-2438

UNION#2010-0122-0003, 2010-0122-0004, 2010-0122-0015, 2010-0122-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Heinbuch/Marien)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Frank Inglis and Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

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

HEARING

August 19, 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 grievances all involve fixed term employees who allege that they were improperly sent home mid-shift for assigned shifts. They rely on the overtime protocol in place at the institution. The portion of the protocol in dispute reads as follows:

"If any shifts for an unclassified YSO are cancelled or the unclassified YSO becomes unavailable (e.g. unpaid sick leave, Leave of Absence without pay, emergency Not Available etc.) this will result in overtime not occurring because these hours are deducted from the weekly total. Any overtime already signed for will be converted to straight time by the personnel clerk."

3The grievors argue the protocol contemplates the cancellation of complete shifts only, and that the employer is not permitted to cancel part shifts.

4After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed. In my view, there is no reason apparent in the protocol that would restrict the cancellation of shifts to full shifts as the union suggests. Indeed, it would appear that, in most cases, the cancellation of part of a shift would be of some benefit to the employee, in that he or she would be permitted to work some additional hours rather than losing an entire shift. Regardless, it is my view that the language does not lead to the conclusion suggested by the union, and as a result the grievances are dismissed.