GSB#2010-2953, 2010-2978

UNION#2011-0252-0004, 2011-0252-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Valovich)

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

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Ministry of Government Services Centre for Employee Relations Staff Relations Officer

HEARING

March 6 & 7, 2013.

Decision

1The Employer and the Union at the Niagara Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Some of the grievances were settled through that process. However, a few grievances 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.

2Mr. Michael Valovich is a Correctional Officer who filed two grievances alleging that his schedule was changed without sufficient notice. By way of remedy he asked for time and a half for all hours worked on the two shifts that were changed.

3The grievor’s statement stated that he received no notice of the change and therefore the Employer should be obliged to pay the premium considered in the collective agreement.

4The Employer provided various documents including a memorandum issued to the grievor dated November 17, 2010 informing him that he was expected at work on December 1 and 2, 2010. This memorandum was put into his personal mailbox. The grievor contends that he did not receive the memorandum.

5The grievance is denied. The Employer notified the grievor in an acceptable format that his shift was being changed. This notice was sent far in excess of 120 hours in advance.