GSB# 2019-1907
UNION# 2019-0229-0039
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Janes)
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
David Marincola Treasury Board Secretariat Employee Relations Advisor
HEARING
April 4, 2023
Decision
1The Employer and the Union at the Ontario Correctional Institute in Brampton agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent.
2Rob Janes (the "grievor") is employed as a Correctional Officer II.
3The grievor agreed to take part in training sessions on September 16 and 17, 2019 which were normal days off for him, and in exchange, he would be off September 21 and 22.
4The grievor claims that he should have been paid overtime for his shifts on September 16 and 17. The grievor relies on the fact that apparently another Corrections Officer was paid overtime on September 24, 2019, to attend a training session.
5The complete answer to the grievance is captured in Article COR 5.3 of the collective agreement wherein it stipulates that premium pay is not applicable to a change of a shift that was mutually agreed to between the Employer and the employee.
6Accordingly, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 26^th^ day of April 2023.