GSB#2012-1868

UNION#2012-0234-0096

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Martin)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Swey Vishwanath Ministry of Government Services Centre for Employee Relations Staff Relations Officer

HEARING

December 13, 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 grievance relates to a claim for overtime with respect to a shift on July 8, 2012. The grievor states that she called in the day before the shift to advise that she would be two hours late. She was told that she could not cancel part of a shift, only the entire shift, and the shift was transferred to another employee. Shortly thereafter, the grievor became aware that an employee had called into work just prior to the commencement of an overtime shift to advise that he had been delayed by an unforeseen circumstance, and was making an effort to get to the workplace as soon as possible. The employer used another employee to cover the first couple of hours of the shift until the late employee arrived to complete the remainder of the shift.

3Given these circumstances, the grievor alleges she has been unfairly treated and seeks compensation for the shift she lost. The employer responds that the two circumstances were different, that an employee does not have a right to accept part of an overtime shift, and that it is a matter of employer discretion how to respond to employees who are unavoidably late.

4After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.