GSB#2012-2278

UNION#2012-0108-0143

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Caloura)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

September 29, 2015

Decision

1The Employer and the Union at the Elgin Middlesex Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring 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.

2Mike Caloura is a maintenance worker who filed a grievance alleging that the Employer should have called him for overtime on the August paid holiday in 2012. He contended that he made himself available for work that day.

3The maintenance department does not participate in HPRO but does have a sign up sheet for employees to make their availability to work overtime known. This document for the salient period was produced and while it revealed that he was available to work some overtime during that particular week, it did not indicate that the grievor had made it known that he was available to work on the paid holiday.

4Accordingly, the grievance is denied.