GSB# 2016-2741
UNION# 2017-0247-0013
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 (Bleks et al)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Dan Sidsworth Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Justin O’Gorman Treasury Board Secretariat Employee Relations Advisor
HEARING
August 26, 2020 (by videoconference)
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 covered by this decision arose out of the Brantford Jail and are associated with a pilot project regarding the E-Roster computer scheduling system.
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 3rd day of September, 2020.
APPENDIX A
OPSEU Local 247 (Brantford Jail)
Open Overtime (E-Roster) Grievances
Updated 20-August-2020
Without Prejudice
Name
OPSEU #
Location
GSB#
Case Date
Key Words
Notes
Bleks, John
2017-0247-0013
Brantford Jail
2016-2741
07-Feb-17
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Dinsmore, Mark
2017-0247-0018
Brantford Jail
2016-2814
21-Feb-17
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Ernst, Logan
2017-0247-0010
Brantford Jail
2016-2677
06-Feb-17
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Restelli, George
2016-0247-0018
Brantford Jail
2016-0018
22-Aug-16
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Restelli, George
2017-0247-0016
Brantford Jail
2016-2744
07-Feb-17
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Thompson, Taylor
2016-0247-0023
Brantford Jail
2016-1369
28-Aug-16
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Thompson, Taylor
2017-0247-0007
Brantford Jail
2016-2564
24-Jan-17
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Thompson, Taylor
2017-0247-0015
Brantford Jail
2016-2743
10-Feb-17
Overtime
Upheld 12hrs at 1.5 rate to grievor.
Dinsmore, Mark
2017-0247-0017
Brantford Jail
2016-2758
21-Feb-17
Overtime
Dismissed
Dinsmore, Mark
2017-0247-0019
Brantford Jail
2016-2759
21-Feb-17
Overtime
Dismissed
Ernst, Logan
2017-0247-0012
Brantford Jail
2016-2740
16-Feb-17
Overtime
Dismissed
Klement, Kathleen
2016-0247-0013
Brantford Jail
2016-0904
21-May-16
Overtime
Dismissed
Klement, Kathleen
2016-0247-0014
Brantford Jail
2016-0905
01-July-16
Overtime
Dismissed
Klement, Kathleen
2016-0247-0015
Brantford Jail
2016-0906
01-July-16
Overtime
Dismissed
Klement, Kathleen
2016-0247-0016
Brantford Jail
2016-0907
01-July-16
Overtime
Dismissed
Klement, Kathleen
2016-0247-0017
Brantford Jail
2016-0908
21-May-16
Overtime
Dismissed
Klement, Michael
2016-0247-0009
Brantford Jail
2016-0900
01-July-16
Overtime
Dismissed
Klement, Michael
2016-0247-0011
Brantford Jail
2016-0902
01-July-16
Overtime
Dismissed
Klement, Michael
2016-0247-0012
Brantford Jail
2016-0903
01-July-16
Overtime
Dismissed
Klement, Kathleen
2016-0247-0020
Brantford Jail
2016-1360
28-Aug-16
Overtime
Dismissed
Appendix cont’d
Name
OPSEU #
Location
GSB#
Case Date
Key Words
Notes
Klement, Kathleen
2016-0247-0021
Brantford Jail
2016-1361
29-Aug-16
Overtime
Dismissed
Klement, Kathleen
2017-0247-0005
Brantford Jail
2016-2562
23-Jan-17
Overtime
Dismissed
Klement, Kathleen
2017-0247-0006
Brantford Jail
2016-2563
23-Jan-17
Overtime
Dismissed
Marcenuik, Marnie
2017-0247-0003
Brantford Jail
2016-2481
15-Jan-17
Overtime
Dismissed
Marcenuik, Marnie
2017-0247-0004
Brantford Jail
2016-2482
15-Jan-17
Overtime
Dismissed
Restelli, George
2016-0247-0006
Brantford Jail
2016-0876
14-June-16
Overtime
Dismissed
Thorne, Chris
2016-0247-0008
Brantford Jail
2016-2630
01-Feb-16
Overtime
Dismissed
Thompson, Taylor
2017-0247-0011
Brantford Jail
2016-2717
10-Feb-17
Overtime
Dismissed