GSB#2004-2164
UNION#2004-0234-0507
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Rudden et al)
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 and Tim Mulhall Ontario Public Service Employees Union Grievance Officers
FOR THE EMPLOYER
Victoria Fichtenbaum and Brian Scott Ministry of Government Services Centre for Employee Relations Employee Relations Advisors
HEARING
September 27, 2013
Decision
1In April of 2011, the parties signed a renewal Memorandum of Agreement for the Med/Arb process within this Ministry. In that agreement it was decided that overtime grievances should be dealt with on a regular basis at every institution. It was the stated expectation that the parties would “move forward together in a timely manner to resolve as many outstanding overtime grievances” as possible at each institution. Monthly meetings were to be scheduled for this purpose. It was hoped that these monthly overtime grievance sessions would resolve most grievances.
2It was also agreed in the Memorandum that med-arb sessions would be held to deal only with overtime grievances. The parties would meet to attempt resolution of the outstanding grievances and the remaining disputes would be put before this Board.
3In May of 2012 the first decision from this process was issued. As agreed by the parties, that decision was without prejudice and without reasons. There has been no alteration to that process.
4In accordance with the parties’ agreement, on September 27th 2013, a med-arb session was held to deal with a number of outstanding overtime grievances. Both parties presented facts, supporting documents and submissions regarding the disputes. Below is the disposition of the grievances:
Grievor GSB# OPSEU FILE# Outcome
Trainor 2007-0862 2007-0369-0066 Dismissed
Ochocinski 2007-1077 2007-0234-0091 Dismissed
Simon 2007-2618 2007-0369-0115 Dismissed
Covell 2008-0977 2008-0411-0010 Dismissed
Grimes 2008-1426 2008-0411-0011 Dismissed
Collin 2008-1435 2008-0411-0020 Dismissed
Harju 2009-1664 2009-0411-0183 Allowed–12 hours OT
Roy 2009-2571 2009-0411-0230 Dismissed
Gour 2009-2576 2009-0411-0235 Allowed–10 hours OT
Conway 2009-2577 2009-0411-0236 Dismissed
Lambourne 2009-2553 2009-0411-0222 Dismissed
Robertson 2010-0720 2010-0224-0005 Dismissed
Cartwright 2010-0861 2010-0234-0146 Dismissed
Villeneuve 2010-0908 2010-0234-0155 Dismissed
Corbett 2010-2895 2011-0234-0006 Dismissed
Jones 2011-0153 2010-0369-0247 Dismissed
Jones 2011-0154 2010-0369-0248 Dismissed
Carson 2011-2248 2011-0369-0740 Dismissed
Abrams et al 2011-3104 2011-0234-0110 Dismissed
Wilson 2011-3257 2010-0369-0260 Dismissed
Cragg 2012-0360 2012-0135-0005 Allowed–12 hours OT
Murchinson 2012-1033 2012-0234-0070 Dismissed
Murchinson 2012-1034 2012-0234-0071 Dismissed
Gray 2012-2439 2012-0135-0013 Dismissed
Wisniewski 2010-2493 2012-0234-0111 Dismissed
Jaworska 2012-2495 2012-0234-0113 Dismissed
Cochrane 2012-2830 2012-0234-0125 Allowed – 8 hours OT
Given 2012-2831 2012-0234-0126 Dismissed
Deschamps 2012-2948 2012-0135-0018 Dismissed
Pokora 2012-3010 2012-0234-0133 Dismissed
Wojtkun 2012-3013 2012-0234-0136 Dismissed
Burrage 2012-3794 2012-0369-0080 Dismissed
Cann 2012-4134 2012-0234-0153 Dismissed
Harju 2012-4143 2013-0411-0001 Allowed–12 hours OT
Harju 2012-4144 2013-0411-0002 Dismissed
Beadle 2012-4382 2013-0234-0015 Dismissed
Stone 2012-4384 2013-0234-0017 Withdrawn
Loach 2012-4684 2013-0369-0005 Dismissed
Norton 2012-4542 2013-0135-0002 Allowed – 7 hours OT
Beadle 2012-4741 2013-0234-0024 Allowed – 8 hours OT
5All of the above grievances that have been upheld are to be paid at the applicable overtime rates and the monies owing are subject to statutory deductions.
6I thank the parties for the considerable work done in preparing for and presenting of these grievances in an orderly and highly efficient manner.
Dated at Toronto, Ontario this 25th day of November 2013.