GSB#2014-2518

UNION#2014-0368-0140

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fitzpatrick)

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

Alex Sawicki Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

November 6, 2014

Decision

1Ms. Carrie Fitzpatrick, a Rehab Officer at CECC, grieved on July 25, 2014, that the employer breached the collective agreement by denying her an overtime opportunity because of her disability and accommodation. She seeks to be paid for 10 hours at time and a half. The employer submitted it had not violated 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 and order the employer to pay the grievor her normal rate of pay for 10 hours at time and a half.