GSB#2011-2744

UNION#2011-0225-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Schmidt)

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

Laura Josephson 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 1, 2011.

Decision

1The Employer and the Union at the Walkerton Jail 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, this grievance remained unresolved and therefore requires 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.

2Greg Schmidt, Correctional Officer, filed a grievance on March 18, 2011 alleging that he was entitled to call back pay as the result of being notified he was to attend at a meeting regarding a WDHP complaint. The grievor was of the view that the Collective Agreement obliges the Employer to pay call back pay. The Employer paid the grievor one hour at overtime rates.

3Mr. Schmidt was informed on February 23, 2011 that he was to attend a meeting on February 28, 2011. He was previously scheduled to work on February 25^th and 26^th, 2011. In fact he did work those shifts.

4Accordingly, this is not a situation that would bring about the payment of call back and therefore the grievance is dismissed.