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HomeMy WebLinkAboutUnion 06-02-13 - -, . '. - -~ ~."3"'-~ . ~fe.r SÄCL....' " Cç r I <e- V Q\.. Y\, c.Æ. ]) ep V IN THE MATTER OF MEDIATION/ARBITRATION UNDER SECTION 50 OF THE ONTARIO LABOUR RELATIONS ACT BETWEEN: CORPORATION OF THE COUNTY OF GREY (GREY COUNTY EMERGENCY MEDICAL SERVICES) "the Employer" -and- -.-' ".<"-~.....~",~,."""",,,,""" ONTARIO PUBLIC SERVICE EMPLOYEES UNION-it ~1'" ,~¡ "f~'"' r ~\ f! E D LOCAL 250-GREY COUNTY AMBULANCE MAY 0 1 2006 "the Union" .' .; ",iMENT ,^,..._..'..'~--'" -=.""""""'~~~---.".~. AND IN THE MATTER OF A GRIEVANCE ARISING UNDER THE PROVISIONS OF AN AGREEMENT OF THE PARTIES AND AN APPLICATION UNDER THE ONTARIO LABOUR RELATIONS ACT (1995) ALLEGING A BREACH OF A STATUTORY FREEZE. Sole Mediator/Arbitrator F.M. Reilly. APPEARANCES: On behalf of the EmDlover David I. Wakely-Counsel. On behalf of the Union David Wright-Counsel. Held: Owen Sound, Ontario. February 13, 2006. -2- . I am appointed sole mediator/arbitrator to attempt to settle and if necessary decide a grievance arising under the provisions of a document entitled Interim Terms and Conditions Agreement and an application under the Labour Relations Act alleging a breac.h of the Act's statutory freeze provisions. The parties agreed to be governed by the provisions of section 50 and agreed further that I possessed the necessary jurisdiction under subsection 48.12 G) to deal with the allegations brought under the Act. On the date of hearing, the parties gave opening statements and submitted an agreed statement of facts. These facts were slightly amended by agreement before being accepted into evidence. The parties also filed several other documents, the contents of which, I have considered carefully in my deliberations. The parties agreed to enter into mediation as required by section 50. Upon completion of this process; I informed both parties that I possessed sufficient information to end the meeting and consider the representations of the parties and then decide the issue. I also informed both Counsel that I was exercising my rights under section 50.8 of the Act to limit the nature and the extent of the evidence to that which was entered at hearing and to that obtained during mediation. It is not necessary for me to repeat (herein) what I informed the Union or the Employer during our mediation talks; suffice it to say. it was (and continues to be) my opinion that my attention should be centred on attempting to fmda solution to what has clearly become a complex and somewhat divisive issue existing in the workplace. - 3 - - If one reviews the representations of the parties, as well as the documents filed, the issue boils down to one main issue. According to the Union, the Employer has arbitrarily withheld vacation entitlements payable to its members under the provisions of the interim agreement. The Employer denies this allegation and contends that it acted in accordance with its rights to amend the shifts of employees and thus concomitantly, the vacation entitlements of its employees. Apparently, the parties had already explored ways to settle this matter short of full adjudication, for this they must be commended. I reviewed with both Counsel their client's attempts at settlement and sought their agreement to decide the issue in dispute within the confines of what each party viewed as being a fair resolve to the matters. Permission was then sought and granted under the strict understanding that I would consider fully the representations of the parties prior to making my award. I can assure the parties that I have done so. Therefore, having considered the matter and all of the pertinent evidence; I hereby award. as full and final resolution to the matters in dispute under the Interim Agreement as well as the application under the Labour Relations Act the following: I direct the Employer to pay to the affected members of the bargaining unit, a sum of money to each that equals 50% of the amount they would have been paid if the union had been successful in its grievance and complaint. Said moneys are to be paid at the employees' rate of pay in effect as of the date of this award and I so order. . ,,' ~ -4- .. I find that the grievance and complaint under the Act are fully and fairly resolved and are therefore terminated. Dated at Waterloo this 13th Day of February, 2006. F .M. Reilly Mediator/Arbitrator.