GSB#2011-2784

UNION#2011-0430-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cordeau et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

D.J.D. Leighton

Vice-Chair

FOR THE UNION

Stephen Giles Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Meghan Rogers Ministry of Government Services Centre for Employee Relations Employee Relations Officer

HEARING

July 25, 2012.

Decision

1The grievors were customer service representatives (CSR-3’s) at Service Ontario when this group grievance was filed on August 4, 2011. They allege that the employer is not distributing overtime in a fair and equitable manner, in contravention of Article 8 of the collective agreement. They seek an order that overtime be distributed in a fair and equitable manner and to be made whole. The employer submitted that there was no violation of the collective agreement and overtime had been distributed equitably within management’s right to organize and provide services.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny these grievances.