GSB# 2019-2275
UNION# 2019-0248-0032
Additional files are 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
(Creighton et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General)
Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Justin O’Gorman
Treasury Board Secretariat
Employee Relations Advisor
HEARING
June 24, 2021
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 June 24, 2021.
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 29^th^ day of September, 2021.
Schedule A
Last Name
First Name
OPSEU #
GSB #
Grievance Date
Outcome
Creighton
Robert
2019-0248-0032
2019-2275
5-Dec-19
Dismissed
Warne
Edward
2019-0248-0033
2019-2276
12-Dec-19
Upheld - 2 Hours at Straight Time
Abu Qamar
Abdul
2019-0248-0034
2019-2269
13-Dec-19
Dismissed
Castles (Defreitas)
Kelly
2019-0248-0035
2019-2270
12-Dec-19
Dismissed
Champagne
Nicole
2019-0248-0036
2019-2271
12-Dec-19
Upheld - 2 Hours at Straight Time
Blatchley
Peter
2019-0248-0037
2019-2272
13-Dec-19
Upheld - 2 Hours at Straight Time
Parkin
Scott
2019-0248-0038
2019-2547
4-Dec-19
Upheld - 2 Hours at Straight Time
Warne
Edward
2019-0248-0039
2019-2548
4-Dec-19
Dismissed
Champagne
Nicole
2019-0248-0040
2019-2549
4-Dec-19
Dismissed
Champagne
Nicole
2019-0248-0041
2019-2550
4-Dec-19
Dismissed
Kennedy
Kevin
2019-0248-0043
2019-2552
4-Dec-19
Dismissed
Plouffe
Pierre
2019-0248-0044
2019-2553
4-Dec-19
Upheld - 2 Hours at Straight Time
Kendall
Arissa
2019-0248-0045
2019-2554
4-Dec-19
Dismissed
Vanderdeen
Geoff
2019-0248-0046
2019-2555
4-Dec-19
Dismissed
Benchina
David
2019-0248-0047
2019-2556
4-Dec-19
Dismissed
Fairchild
Peter
2019-0248-0048
2019-2557
4-Dec-19
Dismissed
Parkin
Scott
2019-0248-0049
2019-2558
4-Dec-19
Dismissed
Allan
Curtis
2019-0248-0050
2019-2559
4-Dec-19
Dismissed
Fairchild
Peter
2019-0248-0051
2019-2560
4-Dec-19
Upheld - 2 Hours at Straight Time
Fairchild
Peter
2019-0248-0052
2019-2561
4-Dec-19
Upheld - 2 Hours at Straight Time
Dasilva
Rui
2019-0248-0053
2019-2562
4-Dec-19
Dismissed
Parkin
Scott
2019-0248-0054
2019-2599
4-Dec-19
Upheld - 2 Hours at Straight Time
Nyaga
Richard
2019-0248-0055
2019-2600
4-Dec-19
Upheld - 2 Hours at Straight Time
Lusby
Chris
2019-0248-0056
2019-2601
4-Dec-19
Upheld - 2 Hours at Straight Time
Allan
Curtis
2019-0248-0057
2019-2602
4-Dec-19
Dismissed
Benchina
David
2019-0248-0058
2019-2603
4-Dec-19
Dismissed
Lusby
Chris
2019-0248-0059
2019-2604
4-Dec-19
Upheld - 2 Hours at Straight Time
Benchina
David
2019-0248-0060
2019-2605
4-Dec-19
Upheld - 2 Hours at Straight Time
Prelich
Robert
2019-0248-006