HomeMy WebLinkAbout2011-2144.Harris et al.12-11-16 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-2144
UNION#2010-0290-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Harris et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING October 15, 2012.
- 2 -
Decision
[1] On November 8, 2011, the parties negotiated a Memorandum of Settlement that included
the following provisions:
Whereas the parties wish to resolve the matters raised in OPSEU Grievance 2010-0290-
0023 Harris et al
Now therefore the parties agree to the full and final settlement of the above-noted
grievance without precedent and without prejudice to any future and/or similar matter(s),
on the following terms:
1. The parties agree that the YSO officers listed in Appendix A of this Agreement
will be considered Regular employees effective August 16, 2010.
2. These employees listed in Appendix A will be credited with 40 hour work weeks
for the purposes of Pay and Seniority back to the effective date of August 16,
2010.
3. In terms of all other benefits, vacation entitlements, Statutory Holiday pay the
grievors will have a choice to be provided with these entitlements and pay back to
the employer all in lieu payments received since the appointment to Regular
service (August 16, 2010) or sign the attached Appendix C waiving these
entitlements and any other retroactive Collective Agreement entitlements except
those listed in Paragraph 2 up until their start date of November 28, 2011.
[2] It was also agreed that I would remain seized of any implementation matters that arose after
the signing of the Agreement. In June of 2012 the parties posed two questions to this
Board regarding the interpretation of the Memorandum of Agreement.
[3] In a decision dated June 26, 2012, I answered the two questions raised by the parties.
Following the issuance of that decision, the Employer raised an additional matter regarding
when the grievors became entitled to Short Term Sickness Plan.
[4] The parties were agreed that since the signing of the Memorandum of Agreement in
November of 2011, the Employer has paid sick leave to all of the grievors. However,
subsequent to the issuance of the June 26, 2012 decision, the Employer now queries
whether it was correct in doing so. Specifically, the Employer is presently of the view that
the grievors had to have served the twenty consecutive working day qualifying period after
the signing of the Memorandum of Agreement in November of 2011.
- 3 -
[5] The Union urges that the Employer was correct in its first interpretation and that it is now
wrong to suggest otherwise. It was the Union’s view that in accordance with the
Memorandum of Agreement the grievors became Regular Employees effective August 16,
2010 and the two consecutive working day qualifying period for the purposes of Short
Term Sick Plan would have commenced on that day.
[6] The parties made submissions substantiating their respective positions and those have been
considered.
[7] I am of the view that the Union is correct in its interpretation of the Memorandum of
Agreement. The first paragraph of the Agreement makes clear that the grievors are Regular
employees as of August 16, 2010 and there is nothing in the Memorandum of Agreement
that restricts or otherwise alters their rights to the Short Term Sickness Plan in accordance
with Article 44.2 of the Collective Agreement.
[8] Accordingly, the twenty consecutive working day qualifying period considered in Article
44.2 of the Collective Agreement began for the grievors immediately upon their becoming
Regular employees, that is, April 16, 2010.
Dated at Toronto this 16th day of November 2012.
Felicity D. Briggs, Vice-Chair