HomeMy WebLinkAbout2011-3826.Brown et al.12-12-13 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#2011-3826, 2011-3827, 2011-3828, 2011-3829, 2011-3830, 2011-3831, 2011-3832,
2011-3833, 2011-3834, 2011-3835, 2011-3836, 2011-3837, 2011-3838, 2011-3839, 2011-3840,
2011-3841, 2011-3842, 2011-3843, 2011-3844, 2011-3845, 2011-3846, 2011-3847, 2012-0151
UNION#2012-0234-0010, 2012-0234-0011, 2012-0234-0012, 2012-0234-0013,
2012-0234-0014, 2012-0234-0015, 2012-0234-0016, 2012-0234-0017, 2012-0234-0018,
2012-0234-0019, 2012-0234-0020, 2012-0234-0021, 2012-0234-0022, 2012-0234-0023,
2012-0234-0024, 2012-0234-0025, 2012-0234-0026, 2012-0234-0027, 2012-0234-0028,
2012-0234-0029, 2012-0234-0030, 2012-0234-0031, 2012-0234-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Brown et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Swey Vishwanath
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARING December 12, 2012.
- 2 -
Decision
[1] The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to
a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with
submissions, which include the facts and authorities each relies upon. This decision is issued
in accordance with the Protocol and with Article 22.16 of the collective agreement, and is
without prejudice or precedent.
[2] These grievances relate to a claim that the employer was improperly pro-rating vacation
usage when employees take partial vacation day. However, after reviewing the evidence, I have
concluded there is no violation, and that the employer’s method of pro-rating is consistent with
the collective agreement and policies respecting vacation time. It appears that some confusion
was caused by a message on employee pay stubs that cited an example that did not cover all shift
lengths. However, the employer’s method cannot be faulted, and was properly applied with
respect to all shift lengths. That being said, it must be allowed that there could be errors in the
details (as opposed to method) that could affect individual grievors. Therefore, after reviewing
the submissions of the parties and the collective agreement, it is my conclusion that the main
issue behind the grievances should be dismissed, but that the union shall have thirty (30) days
from the date of this award to raise any individual errors with the employer. I remain seized to
resolve any such issues.
Dated at Toronto this 13th day of December 2012.
Barry Stephens, Vice-Chair