GSB#2010-2988, 2011-2785

UNION#2010-0430-0008, 2011-0430-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Quesnel 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-2’s) at Service Ontario when their grievances were filed. They allege that they were not being allowed to work overtime on weekends, holidays and evenings in contravention of Article 8.2.1 of the collective agreement. They seek compensation for lost overtime and an order that overtime be distributed in an equitable manner. 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.