HomeMy WebLinkAbout2014-3167.Cordeau.15-12-14 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#2014-3167, 2014-3168, 2014-3857, 2014-3858
UNION#2014-0430-0011, 2014-0430-0012, 2014-0430-0017, 2014-0430-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cordeau) Union
- and -
The Crown in Right of Ontario
(Ministry of Government and Consumer Services) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Stephen Giles
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Erin Sarantis
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING December 10, 2015
- 2 -
Decision
[1] Mr. J. Cordeau is a Customer Service Specialist and the President of
OPSEU, Local 430. He works at the Employer’s Kingston location.
[2] Four grievances filed by Mr. Cordeau were before me at the hearing on
Thursday, December 10, 2015. The grievances dated September 5 and November 14,
2014, allege a contravention of UN 5.1 which provides that “Shift schedules shall be
posted not less than fifteen (15) days in advance…” Another grievance dated
September 5, 2014, claims that the Employer contravened UN 8, the overtime provision,
with respect to the distribution of Saturday work. The Employer agreed in UN 8.2.1 to
“…develop methods of distributing overtime at the local workplace that are fair and
equitable after having ensured that all its operational requirements are met.” The last
grievance, which is dated November 14, 2014, also alleges a breach of UN 8, but in this
instance the claim relates to the failure to assign Mr. Cordeau to work the paid holiday
of Remembrance Day (Tuesday, November 11, 2014).
[3] The parties advised me of their agreement to deal with these grievances by
way of mediation/arbitration in accordance with article 22.16 of the Collective
Agreement. They agreed that I had the jurisdiction to address these grievances and
requested that I issue a decision without precedent or prejudice, and without extensive
reasons.
[4] I turn first to deal with the grievances alleging a contravention of UN 5.1.
- 3 -
The shift schedules for September 8-19, 2014, were posted on August 24, 2014. This
posting complied with the 15-day requirement if the requirement is based on calendar
days as opposed to working days. Since UN 5.1 does not frame the notice requirement
on the basis of working days and there are provisions in the Collective Agreement which
do set out time frames based on working days, I am satisfied that the 15-day
requirement in UN 15.1 is based on calendar days. Therefore, the posting on August
24, 2014, of the September 8-19, 2014 schedules did comply with the 15-day
requirement set out in UN 5.1. Accordingly, the grievance dated September 5, 2014,
alleging a contravention of UN 5.1 is dismissed. The shift schedules for October 27-
November 1, 2014, were posted on October 14, 2014. There were some unusual
circumstances taking place during this period which resulted in the Employer missing
the 15-day posting requirement by two days. Mr. Cordeau’s November 14, 2014
grievance alleging a contravention of UN 5.1 is hereby allowed. Given that declaratory
relief is the appropriate remedy, I hereby declare that the Employer contravened the 15-
day requirement in UN 5.1 when it posted the shift schedules for October 27-November
1, 2014.
[5] UN 8.2.1 obliges the Employer to distribute overtime in a fair and equitable
manner. Certain changes occurred in August and September 2014, which somewhat
changed the pattern for Mr. Cordeau relating to the assignment of Saturday overtime
shifts. However, in reviewing the distribution of Saturday shifts over a representative
period, I am not satisfied that the Employer breached its obligation to distribute overtime
in a fair and equitable manner. Accordingly, Mr. Cordeau’s grievance dated September
5, 2014, claiming a breach of UN 8 is hereby dismissed.
- 4 -
[6] Although framed as an overtime issue, the final grievance relates to the
Employer’s assignment of an employee to work a paid holiday. I can appreciate the
basis upon which Mr. Cordeau asserts that he should have been assigned to work on
Tuesday, November 11, 2014 (Remembrance Day). However, the GSB has noted that,
in contrast to the overtime provision, the Collective Agreement does not speak to the
distribution of paid holiday work opportunities. The GSB has consistently held that
employees do not have a right to work a paid (statutory) holiday and that the Employer
may assign whomever it wishes to work a holiday. These principles are reflected in the
following decisions: Gillies,0316/88 (Samuels) and OPSEU (Longstreet et al.) and
Ministry of Community and Correctional Services (2006), GSB Nos. 2004-1068 et al.
(Stephens). Accordingly, Mr. Cordeau’s grievance dated November 14, 2014, relating
to the Employer’s failure to assign him to work the paid holiday of Remembrance Day in
2014, is hereby dismissed.
Dated at Toronto, Ontario this 14th day of December 2015.
Ken Petryshen, Vice Chair