GSB# 2016-0381
UNION# 2016-0369-0022
APPENDIX A ATTACHED
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Fletcher 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 Team Lead
HEARING
December 5, 2024
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 5, 2024.
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 12th day of March 2025.
APPENDIX A
LAST NAME
FIRST NAME
OPSEU #
GSB #
CASE DATE
RESULTS
1
Minns
Shelley
2024-0582-0026
2024-00221
2024-02-05
Upheld 8hrs OT
2
Minns
Shelley
2024-0582-0027
2024-00222
2024-02-05
Upheld 8hrs OT
3
Minns
Shelley
2024-0582-0108
2024-01372
2024-07-10
Upheld 8hrs OT
4
Draper
Kenneth
2018-0368-0043
2018-0149
2024-03-05
Dismissed
5
Ayotte
Christopher
2018-0368-0209
2018-1951
2024-08-13
Dismissed
6
McGregor
Matthew
2022-5112-0427
2022-10647
2022-11-07
Dismissed
7
Ruston
Scott
2022-5112-0443
2022-11294
2022-11-25
Dismissed
8
Cobb
Gorden
2023-5112-0025
2021-3441
2022-01-27
Upheld 12hrs OT
9
Gioiosa
Raffaele
2020-5112-0019
2019-2909
2020-01-15
Dismissed
10
Emanuele
Daniella
2023-5112-0023
2023-00488
2023-04-17
Dismissed
11
Sookdeo
Ryan
2019-5112-0263
2019-2320
2019-12-12
Dismissed
12
Mullen
Grant
2016-0368-0170
2016-1726
2016-10-21
Dismissed
13
Valencia
Paul
2017-0368-0555
2017-3412
2017-12-29
Upheld 12hrs DT
14
Vermeer
Bert
2018-0368-0109
2018-0926
2018-04-30
Upheld 12hrs OT
15
Cook
Kevin
2019-0368-0070
2018-3980
2019-02-27
Dismissed
16
Vandenberg
Mary
2018-0368-0001
2017-3457
2018-01-03
Dismissed
17
Gilbank
Kyler
2018-0368-0059
2018-0346
2018-03-09
Dismissed
18
Rogers
Christine
2023-0135-0012
2023-00478
2023-04-06
Upheld 8hrs OT
19
Tisdelle
Daniel
2016-0135-0028
2016-2330
2016-10-22
Dismissed
20
Blythe
Tania
2023-0369-0058
2023-01898
2023-10-02
Upheld 12hrs DT
21
Fletcher
John
2016-0369-0022
2016-0381
2016-03-15
Dismissed
22
Pearson
Brian
2016-0369-0046
2016-1980
2016-10-07
Upheld 12hrs OT
23
Skinner
Jessica
2023-0369-0075
2023-02537
2023-11-14
Upheld 12hrs OT
24
Skinner
Jessica
2023-0369-0076
2023-02538
2023-11-14
Upheld 12hrs OT
25
Wiltshire
Adam
2016-0369-0045
2016-1979
2016-10-18
Upheld 12hrs OT