GSB#2004-1335
UNION#2004-0440-0013
Appendix "A"
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Robertson et al)
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
Scott Andrews Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Victoria Fichtenbaum Ministry of Government Services Centre for Employee Relations Employee Relations Advisor
HEARING
February 22 & 23, 2012.
Decision
1In April of 2011, the parties signed a renewal Memorandum of Agreement for the Med/Arb process within this Ministry. In that agreement it was decided that overtime grievances should be dealt with on a regular basis at every institution. It was the stated expectation that the parties would "move forward together in a timely manner to resolve as many outstanding overtime grievances" as possible at each institution. Monthly meetings were to be scheduled for this purpose. It is hoped that these monthly overtime grievance sessions will resolve most grievances.
2Not surprisingly, the parties understood that not all disputes would be resolved at the local level and wanted to develop a separate process that would allow for expedient litigation of overtime grievances. In order to address those concerns, the parties agreed that:
All overtime related grievances will be heard during provincial med-arb days, which will be held at least two times per year and will be determined based on the number of grievances. These sessions will be held at a mutually agreeable location and the parties will share any associated costs.
Upon request, the (OPSEU) Grievance Officer will forward a list of all overtime grievances, by local, to the Employee Relations Advisor, 60 days in advance of the session.
Each session will be 3 days in duration; the first day scheduled will be without the Vice-Chair, and the last 2 will be with the Vice-Chair. In attendance at the session, in addition to the Vice-Chair, will be the (OPSEU) Grievance Officer, the Union MERC representative, MCSCS Manager and the Employee Relations Advisor.
Vice-Chair Briggs, or a mutually agreed to arbitrator, will be used for the provincial overtime grievance days.
The day prior to meeting with the Vice-Chair, the Grievance Officer and the Employee Relations Advisor will meet to review and attempt to reach agreement on all scheduled overtime grievances.
Those grievances which could not be resolved on the first day will be arbitrated in an expedited manner, on the following days. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the arbitration unless the parties agree otherwise.
3In accordance with the above, the parties held the first three-day Med/Arb session to deal with overtime matters. In all cases documentation was provided revealing the facts supporting the various grievances. Both parties were given an opportunity to make full submissions. It is a credit to the representatives of both parties that we managed to deal with many outstanding matters.
4As noted above it was agreed that I would determine the grievances without reasons. Accordingly, attached is a list of grievances and my disposition. It is understood that any overtime compensation ordered is subject to mandatory deductions. I remain seized.
Dated at Toronto this 24th day of May 2012.
APPENDIX "A"
Grievor (last name)
GSB File Number
OPSEU File Number
Result
Coon
2010-2306
2010-0440-0038
9.5 hours at the applicable overtime rate, subject to mandatory deductions
Coon
2009-1263
2009-0440-0014
4 hours at the applicable overtime rate, subject to mandatory deductions
Gonsalves
2010-2462
2010-0582-0063
12 hours at the applicable overtime rate, subject to mandatory deductions
Groeneveld
2010-1867
2010-0530-0113
Declaration that this grievance is upheld-no remedy
Groeneveld
2010-0519
2010-0530-0060
Declaration that this grievance is upheld-no remedy
Krusto
2010-1261
2010-0248-0013
12 hours at the applicable overtime rate, subject to mandatory deductions
Rundle
2010-0082
2010-0135-0010
8 hours at the applicable overtime rate
Simpraga
2010-0080
2010-0135-0008
8 hours at the applicable overtime rate
Tatryn
2009-2685
2009-0248-0047
12 hours at the applicable overtime rate, subject to mandatory deductions
Atkins
2008-0550
2008-0530-0045
Dismissed
Boudreau
2008-1247
2008-0582-0168
Dismissed
Brlek
2010-2101
2010-0248-0019
Dismissed
Brown
2008-3308
2008-0582-0411
Dismissed
Brown
2008-3309
2008-0582-0412
Dismissed
Brown
2008-3877
2009-0582-0029
Dismissed
Cipparone
2010-0881
2010-0582-0020
Dismissed
Clarke
2011-3103
2011-0234-0109
Dismissed
Coon
2007-3723
2008-0440-0005
Dismissed
Desjardine
2007-3725
2008-0440-0007
Dismissed
Desjardine
2007-3726
2008-0440-0008
Dismissed
Desjardine
2008-3504
2008-0440-0057
Dismissed
Desjardine
2009-1265
2009-0440-0007
Dismissed
Desjardine
2009-1278
2009-0440-0016
Dismissed
Desjardine
2011-1089
2011-0440-0017
Dismissed
Dibb
2011-0102
2011-0467-0005
Dismissed
Dimartino
2010-1865
2010-0582-0043
Dismissed
Duval
2007-2349
2007-0440-0042
Dismissed
Duval
2010-1411
2010-0440-0028
Dismissed
Edwards
2010-2145
2010-0248-0020
Dismissed
Gordon
2009-1638
2009-0234-0119
Dismissed
Groeneveld
2010-0517
2010-0530-0058
Dismissed
APPENDIX "A" (continued)
Grievor (last name)
GSB File Number
OPSEU File Number
Result
Groeneveld
2010-0518
2010-0530-0059
Dismissed
Groeneveld
2010-0913
2010-0530-0073
Dismissed
Groeneveld
2010-0914
2010-0530-0074
Dismissed
Hall
2011-0544
2011-0440-0010
Dismissed
Hartin
2010-2672
2010-0467-0026
Dismissed
Heath
2010-3094
2010-0135-0031
Dismissed
Joynes
2009-0489
2009-0128-0027
Dismissed
Joynes
2010-1931
2010-0128-0017
Dismissed
Joynes
2010-1953
2010-0128-0016
Dismissed
Joynes
2010-2994
2011-0128-0002
Dismissed
Krzywonos
2011-2984
2011-0234-0106
Dismissed
Manlow
2011-0347
2011-0467-0007
Dismissed
Manlow
2011-0348
2011-0467-0008
Dismissed
Manlow
2011-0805
2011-0467-0011
Dismissed
McArthur
2011-0046
2011-0467-0002
Dismissed
McGuire
2010-1874
2010-0582-0048
Dismissed
McKee
2010-2811
2011-0248-0001
Dismissed
McMillan
2010-0510
2010-0530-0057
Dismissed
Merkley
2007-2858
2007-0440-0049
Dismissed
Moore
2010-2528
2010-0440-0043
Dismissed
Morin
2011-0463
2011-0440-0009
Dismissed
Muldoon
2006-2955
2007-0440-0001
Dismissed
Muldoon
2007-0835
2007-0440-0017
Dismissed
Mushynski
2009-0530
2009-0582-0043
Dismissed
Mushynski
2009-2234
2009-0582-0117
Dismissed
Mushynski
2010-0878
2010-0582-0017
Dismissed
Mushynski
2010-0923
2010-0582-0024
Dismissed
Nelson
2006-3165
2007-0582-0045
Dismissed
Paramanathan
2008-2748
2008-0582-0357
Dismissed
Paramanathan
2010-0925
2010-0582-0026
Dismissed
Peacock
2006-2824
2006-0582-0147
Dismissed
Pierce
2010-1408
2010-0119-0005
Dismissed
Rimos
2009-2432
2009-0582-0144
Dismissed
Rimos
2009-2433
2009-0582-0145
Dismissed
Rimos
2010-2447
2010-0582-0053
Dismissed
Robertson
2004-1335
2004-0440-0013
Dismissed
Rochester
2010-2562
2010-0467-0025
Dismissed
Schlatman
2010-1881
2010-0582-0047
Dismissed
Simpraga
2011-0041
2010-0135-0032
Dismissed
Smith
2010-2277
2010-0234-0267
Dismissed
Stockwood
2008-3887
2009-0582-0015
Dismissed
Tannis
2010-1884
2010-0582-0042
Dismissed
Tannis
2010-2737
2010-0582-0031
Dismissed
Valliquette
2011-0047
2011-0467-0003
Dismissed