GSB# 2017-0517

UNION# 2017-0447-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lewis)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources and Forestry)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Alex Zamfir Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Daria Vodova Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 2, 2017

Decision

1The Grievor, Mr. Donald Lewis, is employed as a Fish and Wildlife Technical Specialist in the classification of Resource Technician, Senior 2, in the Ministry of Natural Resources and Forestries’ Regional Operation Division located in Pembroke, Ontario.

2On March 28, 2017, the Union filed a grievance on behalf of its member, Donald Lewis, which alleges that the Employer did not distribute overtime fairly and equitably in distributing overtime hours resulting from a Moose Aerial Inventory Survey performed by the Pembroke Regional Operations division of the Employer in the month of January 2017.

3The Parties submitted this grievance to be determined by way of mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. They agreed that I had jurisdiction to address the grievance, and requested that I issue a decision without precedent or prejudice, and without extensive reasons.

4I note that, Article UN 8.2.1 of the Collective Agreement contemplates the Employer will distribute overtime fairly and equitably at the local workplace, after having ensured that all its operational requirements are met.

5Based on the representation of the Parties during the course of a mediation, I award as follows:

1. The Grievor will be given the right of first refusal to participate in the Winter Moose Cover Survey, in the capacity of an observer, in the Resource Operations team of the Pembroke District.

2. This right will apply to the first and second block of flight duties as an observer that may arise during the Winter Moose Cover Survey.

3. This Winter Moose Cover Survey is anticipated to take place in February and March of 2018.

4. In the event that no overtime hours are available in the Winter Moose Cover Survey anticipated to occur in February and March of 2018, or the Winter Moose Cover Survey anticipated for February and March of 2018 does not occur, these rights will apply with any necessary modification to the next Winter Moose Cover Survey performed by the Resource Operations team of the Pembroke District.

5. If the Grievor is available to participate in the Winter Moose Cover Survey, in the capacity of an observer, and declines, he is not entitled to any overtime hours, or pay associated with that opportunity.

6. It is the obligation of the Grievor to provide his supervisor with the contact information necessary to reach him, to participate in the Winter Moose Cover Survey, in the capacity of an observer.