GSB#2014-3907, 2014-3912

UNION#2014-5112-0245, 2014-5112-0250

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bonfiglio)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

November 20, 2015

Decision

1Karen Bonfiglio, a Laundry Worker at the Toronto South Detention Centre, filed two grievances on November 13 and 21, 2014, alleging that the employer failed to offer her overtime on Thursday, November 20, 2014, when a co-worker called in sick and she was available and willing to work all shifts. She seeks full redress. The employer submitted that there was no violations of the collective agreement.

2The parties referred these grievances to mediation/arbitration in accordance with Article 31A.3 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 deny the grievances.