GSB#2011-2613

UNION#2011-0582-0055

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Thomas)

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

Sia Romanidis Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 12, 2011.

Decision

1The Employer and the Union at the Toronto East Detention Centre 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, a few remained unresolved and therefore require 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.

2Matthew Thomas is a nurse who filed a grievance alleging that he was entitled to be called to work overtime on Thanksgiving Monday, 2011. He was schedule to, and did work 1500 hours to 2300 hours. The Employer needed an employee to work 0800 hours to 1600 hours. The grievor was of the view that because the person who actually worked the shift at issue did not report until 0830 hours, the shift needed became a “part” shift. He claimed that he was entitled to that work because he had indicated on HPRO that he was willing to work “part” shifts.

3Put simply, there is no violation of the collective agreement or the overtime protocol. The grievor could not perform the work at issue because the shift need by the Employer did not finish until 1600 hours and the grievor was already scheduled to begin his work at 1500 hours. Accordingly, the grievor could not meet the Employer’s requirements. There is no obligation upon the Employer to alter its staffing needs to facilitate the grievor’s availability for overtime work.

4The grievance is denied.