GSB#2012-0835

UNION#2012-0708-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McLaughlin)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Laura Josephson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Scott Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

October 24, 2012.

Decision

1Rev. Kerry McLaughlin, a Duty Chaplain at the Thunder Bay Correctional Centre, filed a grievance on February 1, 2012, alleging that the employer had not paid her shift differential for weekend work pursuant to article 6.1.3 of the collective agreement. She sought to be compensated for losses back to 2009. The employer submitted that there was no violation of the collective agreement.

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 grant the grievance in part and award shift differential of $96.00 to be paid to the grievor forthwith.