GSB# 2017-1036
UNION# 2017-0719-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Kerr 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 & Negotiations Employee Relations Advisor
HEARING
December 7, 2023
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 December 7, 2023.
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 11th day of January 2024.
Appendix A
LAST NAME
FIRST NAME
OPSEU #
GSB #
CASE DATE
RESULTS
1
Serf
Jaimie
2021-0119-0003
2021-0529
01-Apr-21
Upheld 4 hrs OT
2
Clare
Jeffrey
2018-0128-0001
2019-2661
24-Nov-18
Dismissed
3
Clare
Jeffrey
2021-0128-0009
2021-0972
16-May-21
Dismissed
4
Joynes
Shelley
2019-0128-0004
2019-2669
29-Mar-19
Dismissed
5
Janik
Karl
2022-0135-0007
2022-0858
01-Apr-22
Dismissed
6
Leaf
Carla
2022-0135-0020
2022-5349
01-Jun-22
Upheld 8 hrs OT
7
McWhinney
David
2022-0135-0017
2022-4710
05-Apr-22
Upheld 12 hrs OT
8
Miller
Stefan
2020-0135-0003
2019-2846
15-Jan-20
Upheld 8 hrs OT
9
Moloney
Kyle
2020-0135-0002
2019-2845
15-Jan-20
Dismissed
10
Pond
Steve
2020-0135-0020
2020-0994
07-Jun-20
Dismissed
11
Pond
Steve
2020-0135-0037
2020-2008
22-Oct-20
Dismissed
12
Robinet
Cory
2022-0135-0031
2022-8101
19-Aug-22
Dismissed
13
Salvador
Paulo
2021-0135-0010
2021-0226
19-Apr-21
Dismissed
14
Thomas
Lori
2020-0135-0005
2019-2881
14-Jan-20
Upheld 12 hrs OT
15
Bertillo
Lawrence
2020-0229-0008
2019-3019
09-Feb-20
Dismissed
16
Frano
Frank
2020-0229-0009
2020-0486
10-Feb-20
Dismissed
17
Shukla
Rajesh
2020-0229-0007
2019-2948
09-Feb-20
Dismissed
18
Coffin
Robert
2022-0252-0031
2022-7465
08-Mar-22
Upheld 8 hrs OT
19
Coffin
Robert
2022-0252-0057
2022-11090
26-Jun-22
Dismissed
20
Coffin
Robert
2022-0252-0063
2022-11096
28-Aug-22
Upheld 4 hrs OT
21
Coffin
Robert
2023-0252-0003
2023-00415
30-Jan-23
Upheld 10 hrs OT
22
Ghaly
Chris
2022-0252-0047
2022-11080
15-Jul-22
Upheld 12 hrs OT
23
Kerr
Lori
2017-0719-0017
2017-1036
13-Mar-17
Upheld in Part 6 hrs OT