GSB# 2012-4317
UNION# 2012-0642-0055
Full list of files attached in “Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Deneault et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Felicity D. Briggs
Arbitrator
FOR THE UNION
John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARINGS
February 13 and 14, May 4 and 29, and June 8, 2017
Decision
1In April of 2011, the parties signed a Memorandum of Agreement for the Med/Arb process within this Ministry. In that agreement it was agreed that overtime grievances would be dealt with on a regular basis at every institution. It was the stated expectation that the parties would “move forward together in a timely manner to resolve as many outstanding overtime grievances” as possible at each institution. Monthly meetings were to be scheduled for this purpose. It was hoped that these monthly overtime grievance sessions would resolve most grievances.
2It was also agreed in the Memorandum that Med-Arb sessions would be held to deal exclusively with overtime grievances from time to time. The parties would meet to attempt resolution of the outstanding grievances and the remaining disputes would be put before this Board.
3In May of 2012 the first decision from this process was issued. As agreed by the parties, that decision was without prejudice and without reasons. Since that time a number of sessions have been held and various decisions rendered. The process has not been altered and continues to serve the parties well.
4The grievances determined herein were dealt with on February 13th & 14th, May 4th & 29th, and June 8th, 2017. Overtime grievances were filed by Correctional Officers from Elgin Middlesex Detention Centre, Central East Correctional Centre, Windsor Jail, Monteith Correctional Centre and the Algoma Treatment and Remand Centre.
5Both parties presented facts, supporting documents and made submissions regarding the various disputes. Attached as Appendix A is the list of grievances and the disposition of this Board. Any monies that are owing to individual grievors as set out in the attached appendix are to be paid at the appropriate overtime rate less statutory deductions.
6I remain seized.
Dated at Toronto, Ontario this 24^th^ day of November, 2017.
Appendix “A”
Grievor
GSB Number
OPSEU File Number
Results
Baker, Joshua
2014-2599
2014-0108-0040
Dismissed
Baker, Joshua
2014-2600
2014-0108-0041
Dismissed
Baker, Joshua
2014-2601
2014-0108-0042
Upheld - 8 Hours OT
Baker, Joshua
2014-2602
2014-0108-0043
Dismissed
Beckerton, Christopher
2014-0587
2014-0678-0012
Dismissed
Brereton, Mark D
2013-0080
2013-0108-0042
Upheld - 12 Hours OT
Broer, Linda
2016-1455
2016-0108-0021
Dismissed
Burrell, Andrew
2012-4308
2012-0108-0268
Dismissed
Cabral, Joshua
2015-2111
2015-0642-0031
Upheld - 4 Hours Straight Time & 8 Hours OT & CSD changed at reflect 40 hrs work wk for Aug 31 - Sept 7
Cabral, Joshua
2015-2425
2015-0642-0035
Upheld - 12 Hours OT
Chiarello, Pasquale
2016-2174
2016-0678-0004
Dismissed
Couch, Rose
2016-2898
2017-0368-0024
Upheld - 8 Hours OT
Deneault, Wendy
2012-4317
2012-0642-0055
Upheld - 6.5 Hours OT
Deneault, Wendy
2014-2756
2014-0642-0028
Upheld - 12 Hours OT
Deneault, Wendy
2013-3232
2013-0642-0038
Dismissed
Deneault, Wendy
2011-3755
2012-0642-0007
Dismissed
Easter, Bradley
2013-3788
2014-0108-0014
Dismissed
Guitard, Paul
2015-1189
2015-0678-0012
Dismissed
Hopper, Dale
2012-4307
2012-0108-0267
Dismissed
Innis, David Paul
2013-1186
2013-0617-0028
Dismissed
Kumor, Peter
2015-3319
2016-0135-0002
Dismissed
Kumor, Peter
2015-3326
2016-0135-0009
Dismissed
Kumor, Peter
2015-3322
2016-0135-0005
Dismissed
Kumor, Peter
2015-3323
2016-0135-0006
Dismissed
Kumor, Peter
2015-3318
2015-0135-0013
Dismissed
Kumor, Peter
2015-3325
2016-0135-0008
Dismissed
Kumor, Peter
2015-3324
2016-0135-0007
Dismissed
Lafleur, Jean Theodore
2012-1202
2012-0617-0008
Dismissed
Lingenfelter, Vincent
2015-2095
2015-0642-0030
Dismissed
MacKevicius, Robert
2015-2823
2015-0617-0040
Dismissed
Maier, Lynn M
2012-4071
2013-0617-0003
Dismissed
Max, Simone
2015-2741
2015-0642-0042
Dismissed
McDonald, Jana
2016-2350
2017-0617-0002
Dismissed
Parlee, Sarah
2014-2158
2014-0617-0009
Dismissed
Pecoskie, Nancy
2016-2414
2016-0617-0012
Dismissed
Prentice, Andrew
2012-4313
2012-0108-0275
Dismissed
Quesnel, Norma
2015-2506
2015-0642-0037
Dismissed
Revait, Trevor
2016-0376
2015-0135-0019
Dismissed
Ryerse, Jennifer
2016-0686
2015-0642-0046
Dismissed
Ryerse, Jennifer
2015-2678
2015-0642-0038
Dismissed
Sedgwick, Matthew
2016-2901
2017-0368-0027
Upheld - 8 Hours OT
Sloss, Matthew Ryan
2013-1996
2013-0678-0017
Upheld - 4 Hours Dbl Time & CDS changed at reflect 40 hrs work wk for May 20 - May 26
Smith, Eric
2014-3897
2014-0108-0078
Dismissed
Snyder, Brian
2015-3200
2016-0642-0001
Upheld - 4 Hours OT
Stack, Wayne
2015-2714
2015-0642-0041
Dismissed
Steinbrunner, Kenneth
2016-1693
2016-0642-0018
Dismissed
Steinbrunner, Kenneth
2016-1694
2016-0642-0019
Dismissed
Steinbrunner, Kenneth
2015-1970
2013-0642-0053
Dismissed
Steinbrunner, Kenneth
2012-1974
2012-0642-0040
Dismissed
Strange, Jayne
2016-2900
2017-0368-0026
Upheld - 8 Hours OT
Strange, Jayne
2016-2553
2016-0368-0207
Upheld - 8 Hours OT
Thibodeau, Maria L
2012-1403
2012-0678-0026
Upheld - 8 Hours OT
Vanderleest, Marion A
2012-1774
2012-0678-0034
Dismissed
Wright, Joe M
2012-3942
2012-0678-0045
Dismissed
Wust, Harry
2014-3896
2014-0108-0077
Dismissed