GSB#2009-1626, 2009-1629

UNION#2009-0337-0007, 2009-0337-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lewis/Clinton)

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, Gregg 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

February 17, 2011.

Decision

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

2The grievances in this case challenge the employer’s practice of assigning shifts to unclassified employees where the employees have not reached the 40-hour limit, but where the shift takes the classified employee over the limit, and part of the shift becomes an overtime shift. The grievors allege that the employer is required in such circumstances to split the shift, and is permitted only to assign the hours up to 40 to the unclassified employee, with the remainder of the shift made available to classified employees as an overtime opportunity. The employer responds that the current practice is consistent with the collective agreement.

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