GSB#2015-3300, 2015-3301, 2016-0170, 2016-0546, 2016-1056, 2016-1219, 2016-1282, 2016-1283, 2016-1284, 2016-1285

UNION#2016-0582-0004, 2016-0582-0005, 2016-0582-0010, 2016-0582-0033, 2016-0582-0036, 2016-0582-0042, 2016-0582-0037, 2016-0582-0038, 2016-0582-0039, 2016-0582-0040

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Heaney)

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

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Ann Fowler Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

March 22 & 23, 2017

Decision

1Mr. Bruce Heaney, a Maintenance Mechanic 3 at the Toronto East Detention Centre, filed ten grievances between February 10, 2016 and July 14, 2016, claiming, inter alia, that overtime opportunities in the maintenance department were not distributed equitably and the employer had violated Article 8.2.1 of the collective agreement. The employer took the position that there were possibly two valid claims. There was no evidence to support the others.

2The parties referred these grievances 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 these matters and 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 in part. The employer is hereby ordered to pay the grievor 17 hours at the applicable overtime rate of pay.