HomeMy WebLinkAboutUnion 07-11-01 In the Matter of a Mediation/Arbitration Pursuant to Section 50 of the
Labour Relations Act, 1995
BETWEEN:
THE CORPORATION OF THE COUNTY OF FRONTENAC
("the Employer")
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ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 462
("the Union")
On October 27, 2007 the parties met in a mediation/arbitration process before me in an attempt
to resolve an outstanding issue regarding meal breaks/eating periods for the paramedic
employees of the County. A policy grievance and a number of individual grievances were filed
and placed before me regarding this issue.
The parties agree that there is no issue with respect to my jurisdiction to hear this matter.
Having regard to the submissions of the parties and the evidence before me, I award the
following to deal with all of the grievances regarding this matter between the parties:
1. Each paramedic is entitled to two (2) meal breaks of thirty (30) minutes each in duration
in a twelve (12) hour shift.
2. Paramedic partners will take their meal break at the same time and location. j
3. The Employer will use reasonable efforts to ensure that meal breaks will be
uninterrupted, where possible, subject to the operational requirements of the service
(Codes 3, 4 and 8).
4. The first meal break shall commence prior to the commencement of the sixth (6t") hour of
the shift (eg. after 5 hours). The paramedics will request their break by calling their
supervisor/designate when duties permit the meal break to be taken and as soon as
reasonably possible after three and one-half (3.5) hours have passed since the
commencement of their shift. The supervisor/designate will then contact dispatch to have
the paramedics placed on a "Conditional Availability" ("CAW) to facilitate the scheduling
of the meal break at the earliest possible opportunity.
5. If the first uninterrupted meal break does not commence prior to the start of the sixth (6th)
hour of the shift, the paramedics shall begin to receive time and a half (1.5) for all hours
worked from the commencement of the sixth (6t") hour of work until the uninterrupted
meal break is concluded.
6. Paramedics will not receive the additional payment referenced in paragraph five (5)
above if they have not followed the procedure set out in paragraph four (4) above.
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7. The second meal break shall commence before the commencement of the eleventh (11tH) I
hour of the shift (eg. after 10 hours). The paramedics will request their break by calling
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their supervisor/designate when duties permit the meal break to be taken and as soon as
reasonably possible after eight (8) hours have passed. The supervisor/designate will
then contact dispatch to have the paramedics placed on a CAV to facilitate the
scheduling of the meal break at the earliest possible opportunity.
8. If the second uninterrupted meal break does not commence prior to the start of the
eleventh (11th) hour of the shift, the paramedics shall begin to receive time and a half
(1.5) for all hours worked from the commencement of the eleventh (11th) hour of work
until the uninterrupted meal break is concluded or the end of the shift as the case may
be.
9. A paramedic will not receive the additional payment referenced in paragraph eight (8)
above if they have not followed the procedure set out in paragraph seven (7) above.
10. The entitlements under paragraphs five (5) and eight (8) above are independent of each
other and any entitlement to premium pay under the agreement. For example, a
paramedic entitled under paragraph five (5) above or working on a paid holiday at time
and one-half (1.5) who is entitled under paragraph eight (8) shall receive double time for
the relevant period (eg. not triple time).
11. Nothing in the foregoing shall be interpreted as a restriction on the Employer's ability to
elect to take paramedics out of service to ensure that a meal period or meal periods are
provided within the time frames set out above or to otherwise direct a paramedic to take a
meal break within these time frames.
12. This award shall not be construed as either party waiving their legal rights in any other
matter or forum under the collective agreement, statute or in collective bargaining.
13. The parties shall meet to discuss any operational or administrative issues that may arise
regarding the foregoing process. The parties may elect to modify any of the foregoing
provided that they mutually agree in writing to do so.
14. Unless superceded by agreement of the parties, this process shall remain in place on a
trial basis for the life of the next collective agreement (eg. commencing January 1, 2008),
following which it may be unilaterally terminated by either party, such termination to
become effective following the conclusion of a new collective agreement.
15. In issuing this award, I am mindful of the parties commitment that they would not take a
position (or in the union's case advance a grievance) inconsistent with the terms of this ;
award while the process remains in force.
16. 1 shall remain seized of this matter to resolve any issues of implementation or
enforcement.
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