HomeMy WebLinkAboutUnion et al 15-05-28IN THE MATTER OF AN ARBITRATION UNDER SECTION 48 OF THE LABOUR
RELATIONS ACT 1995 (ASAMENDED)
BETWEEN
Providence Care Centre (the "Employer")
Ontario Public Service Employees, Local 431 (the "Union")
And in the matter of a Union and employee complaint that the Employer failed to post certain
employee schedules in the matter prescribed by the 2014-201.4 Collective Agreement [OPSEU
File 420.1.3-0431-0026 (UNION); 2013-0431-0034 (WALES); 20.13-431.0035 (TOLSCHIUK);
2013-0431.0.036 (LINDENBLATT); 2013-0431-0039 (PELLEREN); 2014-0431-0006
(FARLEY)
BEFORE R.O. MacDowell (sole arbitrator)
APPEARANCES
For the Union Jessica Greenwood
Tracey Newton
For the Employer Ron Pearson
Darcy Woods
Krystal Mack
Arash Farzam-Kia.
A hearing in this matter was held in Kingston, Ontario on May 27, 2015
Nff
1. This arbitration proceeding arises from a Union/Employee complaint that the Employer
has failed to post employee schedules in accordance with "timeliness requirements" of
Article 20.04 of the parties' Collective Agreement..
2, A hearing in this matter was held in Kingston, Ontario on May 27, 2015.
3. The parties are agreed 'that T have been properly appointed under the terms of the
collective 'agreement (and the Labour Relations Act) and that T have jurisdiction to hear
and determine the matters in dispute between them.
4. 1 should note that facts in the case were not in dispute; and, on that basis, it is clear that
there,.has been a breach of Article 20.04 of the Collective Agreement.
S. Having regard to the foregoing and the agreement of the parties, 1 am satisfied that the
appropriate disposition of this case is as follows:
(a) The Employer shall credit each of the three currently employed
Grievors' vacation banks with one (1) day of vacation.
(b) For the two ,Grievors that are no longer employed with Providence
Care; the Employer shall provide, in lieu of a one day vacation
credit, 'payment to each Grievor in the amount of one. (1). days' pay
at the Grievor.'s regular salary rate as of the date of termination,
less required deductions; to be mailed to the Grievor's last known
home :address.
(c) The Employer shall pay to the Union a lump sum amount of one
thousand dollars ($1,004.00).