HomeMy WebLinkAbout1986-0927.Group.88-07-05EMPLOY& OEU COURONNE
OEL’ONTARIO
C$2MMISSION DE
SETTLEMENT REGLEMENT
DES GRIEFS
921/%6
191/86
482106
890/86
920/86
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVH BARGAINING ACT
Before
THE QRIEVANCE SETTLEMHNT BOARD
Between: OLBEU (Group Gr ievance #728) Grlevors
-and-
The Crown in Right of Ontario (Liquor Control Board of Ontario).. Employer
Before: P. Draper G. Nabi S.J. Cowan
Vice-Chairman Member Member
For the Grlevors: A.J. Esterbauer Counsel Koskle & Minsky Barristers & SoliGitOrS
For the Emolover: R. J. Atkinson Counsel
Hicks Morley Hamilton Stewart Storie Barristers & Solicitors
Hearlnas: December 2, 1987
May 11, 1988
DECISION
This is a group grievance in which the claim is made that
the Employer has contravened Article G.6 (b) of the r;ollective
agreement which reads:
Where there is a requirement for overtime to be
worked, it shall first be offered to full-time
employees on a rotatior.al basis. Where suffi-
cient personnel do not volur.teer, such. overtime
shall then be offered to part-time store cash-
iers or temporary employees aod failing suffi-
cient volunteers shall be aesigned to full-time
employees on a rotational basis.
The Grievors are regular full-time employees working at
either Store No. 727, Terminal 1 or Store No. 728, Terminal 2,
Toronto Airnorr. Those stores are open from 6;:00 a.m. to il:OC
p.m. 363 days per year, an operating schedule that includee all
but two of the eleven paid holidays listed in the col:ective
agreement.
Overtime as defined in the collective agreemerit
includes work performed on paid holidays. On ar?y gl-veR day
there Is a mix of regular full-time and temporary or part-time
employees on duty.
At one time work 7 -1 LiN^..Z sc2iedules made no nlsx.~~~s...L~on between
- 2 -
there was an uneven distributinn of paid holiday work .wlthin
that group. In the mid-1970's a new scheduling scheme was
adopted which was designed to distribute paid holiday work
equitably am0ngs.t regular full-t:me employees. :n i373 a
member of the group grieved (In effect) that beoause of ths.t
worlk schedule he was being denied paid holiday worik to which he
was entitled. Al: concerned trea:ed the grievance 3s one
in-valving t h e issue of rotations: versiis equallzation
scheduling of paid holiday work. As a means of set:Jing the
gr,ievance, regular full-time employees at the tw9 stores were
asked to state in writing their preference as between the two
SGh6z'duiiEg SGhelT,SS, Specifically, they were asked either to
agree to permit or to decline to permit "variation in
rotational days off to a ::ow equalization of assigned worIi on
paid holidays." The result favoured the equalization option:
the grievance was withdrawn and egualization scheduling of paid
holiday work. remained. in force.
The parties are agreed that equalization scheduling should
continue. A What <he present grievance is about is that fewer
than the maximum possible number of regular full-time employees
are assigned to or offered paid holiday work. That is,
althoug:? paid holiday -work is distributed eqaitabiy as hetweer?
regular full-time employees, riot a:: 0: the available work is
first offered t 0 S ii G h f? E p i 0 y 62 f? S yr;.stea,3 ‘ .~nme of It 1s
ailcitted to tempnrary or part-time employees.
zf
S, - 3 -
We fina 5othfE.g In the set tlement of the 1373 grj'evarxe to
suggest that in agreeing to equalization scheduling of paid
holiday work regirlar full-time employees were surrendering any
existing right to that work. ?ut another way, there is noth;.izg
contained In the settlemeat that ~oiild be cYOilSt?l.ied as a waiver
of the right of regular 1 full-time employees UR. de? Article 8.6
(b) to be offered overtime work (in this case paid ko;iday
work) before it is offered to temporary or part-time employees.
We find that the equalization schedaling scheme for paid
holiday work as now administered by the Employer at Stores Xo.
727 and No. 728 contravenes Article 6.6 (b) .of the collective
agreement.
The Grlevora do not seek compensatior for lost overtime
work. Wh.3 t is sought ie a declaration by the aoard that
equalization scheduling sha:: henceforth be administered ix?
coz?formit-y with the provisions of the. co;;ective agreemeP.t a.rd
we so declare.
Sated at Consecon, cs?tar;o, this 5th 0: July, 1238.
P. Draper -