HomeMy WebLinkAbout1992-1136.Andrews,Forget et al.93-01-07
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15 ONTARIO EMPLOYES DE LA COURONNE
., CROWN EMPLOYEES DEL 'ONTARIO ~
1111 GRIEVANCE COMMISSION DE
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SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100. TORONTO, ONTARIO, M5G IZ8 TELEPHONE/TELEPHONE (476) 326-1388
180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) MSG IZ8 FACSIMILE /TELECOPIE (476) 326-1396
1136/92, 1161/92, 1309/92, 1648/92
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN:
OPSEU (Andrews/Forget et al.)
Grievors
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The Crown in Right of ontario
(Ministry of Health)
Employer
Before: J.H. Devlin, vice Chairperson
For the Grievors. J. Storey
Grievance Officer
Ontario pUblic Service Employees Union
For the Employer: Percival Toop
Staff Relations Officer
Management Board Secretariat
Hearing: December 16, 1992
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The Grievors, who are classified as Air Ambulance
Officers, advance a number of claims arising from a change in
their permanent headquarters from the Buttonville Airport to the
Toronto Island Airport. Travelling to the Island Airport
involves a 5 minute ferry ride which is provided at no cost to
employees.
In view of the requirement to travel by public carrier,
the Union contended that the Grievors are entitled to credit for
travel time in accordance with article 23.2 of the collective
agreement. This article provides that when travel is by public
carrier, time will be credited from one hour before the scheduled
time of departure until one hour after the arrival of the ,carrier
at its destination. In my view, however, this provision is not
intended to provide credit for travelling to and from work in the
normal course which is the essence of the claim in this case.
I am also not persuaded that the Employer is required
to pay the cost of transporting the Grievors' vehicles by ferry
to the Island Airport simply because parking was previously
provided at the Buttonville Airport. As I understand it, parking
is also provided at the Island Airport but employees are charged
$50.00 per month to transport their vehicles to and from the
Island by ferry. Alternatively, employees who choose to drive
may park their vehicles in a public lot downtown at a cost of
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$42 80 per month The lot is located approximately 4 blocks from
the ferry dock.
In this case, the Union did not point to any provision
of the collective agreement which would require the Employer to
pay either the cost of transporting vehicles by ferry or the cost
of parking in the vicinity of the dock In these circumstances,
the fact that parking was previously provided is not sufficient
to support the Union's claim, nor did the Union establish the
elements necessary to support an estoppel. Moreover, the parking
lot which is in the vicinity of the dock is not under the control
of the Employer and, accorqingly, I cannot conclude that the
Grievors are exposed to risks either in the parking lot or in
walking to the dock which could amount to a violation of the
health and safety provisions contained in article 18.
Accordingly, the grievances are hereby dismissed.
DATED AT TORONTO, this 7th day of January, 1993.
S~~ ~l-
Vice Chairperson
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