GSB# 2018-0066

UNION# 2018-5112-0025

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Richards)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Treasury Board Secretariat Employee Relations Advisor

HEARING

November 20, 2018

DECISION

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that an Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On November 19 and 20, 2018 the parties at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The Grievor was scheduled to work a 12 hour shift commencing on January 28, 2018 and ending on January 29, 2018. He and his partner were assigned supervision of an inmate at a hospital. They were not relieved until several hours after the end of their shift with the result that they ended up working 18 hours. While he was paid overtime for the additional hours worked, the Griever did not want to work the additional hours as it was his daughter’s birthday and there was to have been a celebration later that day. The long day worked by the Grievor meant he was unable to attend and the event had to be rescheduled.

4The grievance alleges the Employer’s actions breached the collective agreement in that overtime is to be voluntary (unless an emergency had been declared) and further breached a Protocol limiting the number of consecutive hours of work to 16 hours. The Grievor seeks damages.

5I find the Employer’s actions breached the collective agreement and issue a declaration to that effect. While the impact on the Grievor’s personal life is unfortunate, this is not a case for damages.