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HomeMy WebLinkAbout1986-0896.Stroud.88-07-051 -r ONTAR, EMPioYts DE LA COURONNE CROWNEMPLO”EES DE “ONTARIO ; GRIEVANCE CQMMISSION DE !X7&MENT REGLEMENT DES GRIEFS IN'THE HATTER OF AN ARBITRATION under THE CROWN EnPLOYEES COLLECTIVE BARGAINING ACT Before Between: TEE GRIEVANCE SETTLEAENT BOARD OPSEU (Stroud) Grievor - and - The Crown in Right of Ontario (Ministry of Revenue) Employer Before: For the Grievor: For the Employer: Hearings: M.V. Watters Vice-Chairperson L. Robbins Member M. O'Toole Member P. J.J. Cavalluzzo Counsel Cavalluzzo, Hayes & Lennon Barristers & Solicitors D. Daniels Staff Relations Officer Personnel Services Branch Ministry of Revenue November 6~, 1987 September 23, 1988 June 30, 1989 T?liS DECISION s a group grievance in which the claim is macie t>at ) of the collective the Employer has contravened Article 6.6 (b agreement which reads: Where there Is a requirement for overtime to be worked r it shall first be offered to full-time employees on a rotatlorxil basis. Where suffi- cient personnel do not volunteer, such overtime shall then be offered to part-time store cash- iers or temporary employees ard failing suffi- cient volunteers shall be assigned to fGl:-time employees on a rotational basis. The Frievors. are regular full-time employees woriiir?q at either Store No. 121, Terminal 1 *r Store X0. 726, Terminal 2, Toronto Airnor? - * Those stores are ogen from 4:OO a.m. to ii:00 p.m. 353 days per year, an operating sche<Lule that ii-!c;udes a:1 but two of the eleven paid holidays listed Ir! the COl;eCtiV.? aqree,nent . Overtime as defined in the collective a.greemer:t includes work performed on paid holidays. On any giver? day there.is a mix of regillar fi.lll-time and temporary or part-time employees on duty. ( z! ‘. I - 2 - there was an uneven distribution of paid holida-y wozk .wjtkic that group * In the mid-1970's a new scheduling scheme was adosted which was desirjned to distribute paid holiday work equitably amongst regular full-time employees. Ii? 1373 a member of the group grieved (in effect) that because of that work schedule be was being denied oaid holiday work to which he was entitled. All concerned treated the grievance as one IFIVOlViilg the issue of rotational v e r s u s eqUalizatio~2 scheduling of paid holiday work. As a means of settling the grievance, regular full-time employees at the two stores were asked to state in writinq their preference as between the two scheduling schemes. Specifically, they were asked either to agree to Fermi t 0 I to decline to permit "variatlor i r: rotational days off to allow equalitation of assigned work on paid holidays." The result favoured the egualization optior; the Grievance was withdrawn and equalization scheduling of paid holiday work remained in force. The parties are agreed that equalization scheduling should continue. What the present grievance is about is that fewer than the maximum possible number of reqular full-time employees a r e assigned to or offered paid holiday work. That is, alttioiigi;. paid holiday work is distributed eqtitab:y as betwee!? r e 177.1 1 a r d full-time employees, nnt ail of the avai:ab:e work is f 1 r s t offered t 0 s ii c .$: e m " 1 0 ye e s Izstead, some of 1 t Is a: lntte?r: to ternpor.3:~y or Lpart-time emgla-fees. z - 3 - We find nothing in the set:: lement of the 1373 grievance to suggest that in agreeing to equalization scheduling of caid holiday work regular filll-time employees were surrezderirg any existing right to that work. Tut another way, there is not?i;.ilg contained in t?:e set“ Llerne3t that COl.ild be construed as a waiver of the right of regular fill:-time employees iipder Article 6.G (b) to be offered overtime work (in this case paid ho:l,day work) before it is offered to temporary or part-time employees, We find that the equalization scheduling scheme for paid holiday work as now administered by the Employer at stores ?:o. 727 and No. 728 contravenes Article 6.6' (b) of the co::ect;ve agreement. The Frievors do not seek compensation for lost overtjme work. What is sought is a declaration by the Soard that egnallzation schednling shall henceforth be administered in corformlty with the provisions of the collective agreement ar;d we so declare, ;ated at Cor?secon, Ontario, this 5th 0: July, 1988.