GSB#2014-4484

UNION#2015-0290-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Janzso)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

November 4, 2016

Decision

1In a June 11, 2013 Memorandum of Agreement the parties agreed to continue the practice of local med/arb sessions throughout the Ministry of Child and Youth Services. In accordance with this Memorandum of Agreement, the parties held a med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number of grievances were addressed from this and other Child and Youth facilities. Some of the outstanding grievances were resolved but a few including this matter remained in dispute and therefore require a short decision which is without prejudice or precedent.

2Jozsef Janzso is a Cook 2 filed a grievance that he was improperly denied an overtime opportunity in December of 2014.

3The parties reviewed the facts and the Employer provided all of the HPRO documentation.

4After consideration of the documents and facts I am of the view that the grievance must fail. I agree that Mr. Janzso’s scheduling manager initially made an error regarding the scheduling of the overtime in question. However, the manager made all of the appropriate efforts in a timely fashion and scheduled the overtime in accordance with HPRO.

5Accordingly, the grievance is dismissed.