GSB#2011-2257, 2011-2410

UNION#2011-0369-0749, 2011-0369-0769

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dionne)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Brian M. Keller

Vice-Chair

FOR THE UNION

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Government Services Centre for Employee Relations Eastern Regional Office Staff Relations Officer

HEARING

November 8, 2012.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievances in this case relate to an alleged failure of the employer to compensate the grievor for overtime and related payments for time when on suspension with pay.

3After reviewing the submissions of the parties and the collective agreement, it is my determination that the grievances should be allowed in part. The employer is to pay the grievor the sum of $1000.00 less those deductions required by law.

4I remain seized as required.