GSB#2008-0148
UNION#2008-0582-0025
Additional files listed in Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Miller 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 Gregg Gray
Ontario Public Services Employees Union
Grievance Officers
FOR THE EMPLOYER
Victoria Fichtenbaum
Treasury Board Secretariat
Employee Relations Advisor
Greg Gledhill
Treasury Board Secretariat
Employee Relations Advisor
Brian Scott
Treasury Board Secretariat
Employee Relations Advisor
HEARING
November 28, 2014
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 from time to time. 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 have been further sessions and there has been no alteration to that process.
4In accordance with the parties’ agreement, on November September 28th 2014, a med-arb session was held to deal with a number of outstanding overtime grievances from Toronto East Detention Centre. Both parties presented facts, supporting documents and submissions regarding the disputes. Below is the disposition of the grievances:
5All of the attached 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 11th day of December 2014.
APPENDIX “A”
GSB#
Union File#
Grievor
Result
2011-1296
2011-0582-0016
Boyd, David
Dismissed
2014-0083
2014-0582-0012
Brown, Linda
Dismissed
2011-0585
2011-0582-0011
Carson, Bill
Allowed – 48 Hours OT
2012-0294
2012-0582-0063
Casey, Peter
Allowed – 12 Hours OT
2011-2618
2011-0582-0060
Cavallo, Roberto
Allowed –8 Hours OT
2011-2938
2011-0582-0067
Cavallo, Roberto
Allowed – 8 Hours OT
2011-2941
2011-0582-0070
Cavallo, Roberto
Allowed – 8 Hours OT
2011-3365
2012-0582-0004
Cavallo, Roberto
Dismissed
2011-3874
2012-0582-0022
Cavallo, Roberto
Dismissed
2012-4471
2013-0582-0003
Cavallo, Roberto
Allowed – 8 Hours OT
2012-4472
2013-0582-0004
Cavallo, Roberto
Allowed – 8 Hours OT
2013-2055
2013-0582-0033
Cipparone, Josie
Dismissed
2008-2706
2008-0582-0349
Coughlin, Shelley
Allowed – 8 Hours OT
2008-2707
2008-0582-0350
Coughlin, Shelley
Dismissed
2008-3269
2008-0582-0373
Coughlin, Shelley
Allowed – 16 Hours OT
2012-3427
2012-0582-0169
Dalton, Sean
Dismissed
2012-3428
2012-0582-0170
Dalton, Sean
Dismissed
2014-0086
2014-0582-0015
Dalton, Sean
Dismissed
2009-2424
2009-0582-0135
D'Andrea, Joe
Dismissed
2008-1232
2008-0582-0153
Dean, William
Dismissed
2008-1276
2008-0582-0197
Dean, William
Dismissed
2008-3267
2008-0582-0371
DiMartino, Russell
Dismissed
2011-3871
2012-0582-0019
DiMartino, Russell
Allowed – 8 Hours OT
2011-3872
2012-0582-0020
DiMartino, Russell
Allowed – 8 Hours OT
2012-0008
2012-0582-0031
DiMartino, Russell
Dismissed
2010-0924
2010-0582-0025
Duffey, Janice Marie
Dismissed
2009-3205
2010-0582-0005
Ellis, Derik
Dismissed
2009-2235
2009-0582-0118
Fisico, Joe
Dismissed
2014-0085
2014-0582-0014
Hendriks, Craig
Dismissed
2012-4474
2013-0582-0006
Jeronimo, Richard
Dismissed
2013-2054
2013-0582-0032
Jeronimo, Richard
Dismissed
2010-0927
2010-0582-0028
Khounkham, Somboune
Dismissed
2010-0928
2010-0582-0029
Khounkham, Somboune
Dismissed
2012-0583
2012-0582-0132
Kirmiziyan, Sevan
Dismissed
2012-0479
2012-0582-0115
Lawson, Donna
Dismissed
2012-4476
2013-0582-0008
Leybourne, Anna
Allowed – 8 Hours OT
2014-0275
2014-0582-0023
Leybourne, Anna
Allowed – 8 Hours OT
2008-1252
2008-0582-0173
Matwichuk, Dave
Dismissed
2012-1898
2012-0582-0162
Megahy, Robert
Dismissed
2008-0148
2008-0582-0025
Miller, Derek
Dismissed
2008-3299
2008-0582-0403
Minns, Dane
Dismissed
2014-0084
2014-0582-0013
Mugford, Christopher
Allowed – 8 Hours OT
2010-0879
2010-0582-0018
Mushynski, Jason
Dismissed
2010-0880
2010-0582-0019
Mushynski, Jason
Allowed in part – 4 Hours OT
2012-1315
2012-0582-0153
Mushynski, Jason
Allowed – 8 Hours OT
GSB#
Union File#
Grievor
Result
2009-2431
2009-0582-0143
Nimer, Rob
Dismissed
2013-3269
2013-0582-0052
O'Sullivan, Carrie
Allowed – 4 Hours x 2 (Holiday)
2009-0536
2009-0582-0037
Pineau, Wayne
Allowed – 4 Hours
2009-2233
2009-0582-0116
Ramroop-Graziano, Anisa
Dismissed
2009-0592
2009-0582-0055
Rumboldt, Douglas
Dismissed
2012-4462
2012-0582-0171
Sevink, Lara
Allowed – 12 Hours OT
2011-1295
2011-0582-0015
Spencer, Reginald
Dismissed
2008-3892
2009-0582-0020
Steenson, James
Dismissed
2011-3877
2012-0582-0025
Stockwood, Donald
Allowed – 8 Hours OT
2009-2231
2009-0582-0106
Thompson, Ann
Dismissed
2012-2961
2012-0582-0168
Thompson, Ann
Dismissed