HomeMy WebLinkAbout1991-0765.McPherson, Cook & Thomlinson.92-04-23 ... (
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GRIEVANCE C,OMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
'~80 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G ~'Z8 TELE~HONE/T~LEPHONE.. ~4 15~ 326-7388
180, RUE DUNOAS QUEST, BUREAU 2100, TORONTO (ONTARIO]. ,~SG IZ8 FACSIF..41LE/T'~-L~COPlE .' f4 tS) 326-~396
765/91, 938/91, 1170/91
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BE~FEEN
OPSEU (McPherson/Cook/Thomlinson)
grievor
-- The Crown in Right'of-.Ontario
(Ministry of Community & Social Services).
Employer
BEFORE= J. Samuels Vice-Chairperson
P. Klym Member
I. Cowan Member
!
FOR THE J. Paul
GRiEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE P. Doucette
EMPLOYER Employee Relations officer
Human Resources Branch
Ministry of Community & Social Services
HEARING November 14, 1991
March 18, 1992
The grievors are Residential Counsellors at Prince Edward Heights,
the Ministry's facility in Picton. They are scheduled to work according to
agreements reached between management and the Union providing for
compressed work weeks. Their grievance concerns the way in which
management treats certain lieu days (known as "R days").
In its hearings, the Board heard some evidence concerning the
history of the compressed work week arrangements, and the on-going
dispute between management and the Union over the administration of the
R days. At our second day of hearing, the parties said that they were going
to try to work out a settlement of the matter.
We have now received the following Minutes of Settlement, which
we make an Order of this Board:
Without-precedent or prejudice, the parties agree to the following as
full and final settlement of the above-noted grievances:
1. Local management and the Local Union agree that R-days
arising from the current compressed work week arrangement
shall not be scheduled on statutory holidays. Local management
retains the right to schedule R-days on days other than statutory
holidays. By mutual agreement, between the supervisor and the
employee, this credit may be rescheduled providing it is within
the next twelve week period.
2. Local management and the Local Union agree that when an
employee is originally scheduled to work on a statutory holiday
under the current compressed work week arrangement and then
is directed to take the statutory holiday on the day on which it
falls, the compensation for that day shall be the regular 11.71
hours pay at straight time. This shall not result in any additional
payment or deduction from the bi-weekly pay cheque.
3. This agreement in no way takes away from the parties rights set
out in the collective agreement.
4. Local management agrees to pay or credit to each of the above-
noted griev6rs 11.71 hours pay or time in lieu thereof. Should
the employee opt to take time in lieu of pay, time may be taken
in accordance with Article 19.5.
5. The Union and the grievors hereby withdraw the above-noted
grievances.
6. The parties agree to make these Minutes of Settlement an order ._
of the Board. These Minutes of Settlement are enforceable from
the date of signature of the five grievors.
The Board adds that it will retain jurisdiction to determine any
problems the parties may have in interpreting and applying their Minutes
of Settlement.
Done atLondon, Ontario, this 23rd day of Aprit ,1992.
arnu~ls, ~ice-chairperson
?
I. Cowan,X,Member