HomeMy WebLinkAbout1992-3540.Bowes.93-08-03
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!'; ONTARIO EMPLOYES DE LA COURONNE
~. CROWN EMPLOYEES DE L'ONTARIO
GRIEVANCE COMMISSION DE
1111 SETTLEMENT ,
REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100 TORONTO, ONTARIO, M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITELECOPIE (416) 326~ 1396
3540/92
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN "-
OPSEU (Bowes)
Grievor
- and -
The Crown in Right of ontario
(Ministry of Correctional services) Employer -
BEFORE J. Devlin Vice-Chairperson
FOR THE D. Liu
GRIEVOR Grievance Officer
ontario Public Service Employees Union
FOR THE M Mously
EMPLOYER Grievance Negotiations Officer
Ministry of Correctional Services
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HEARING July 19, 1993 1
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In this case-, it is alleged that the Employer
improperly altered the Grievor's work schedule with the result
that he was deprived of the premium pay which he would hc;we
received for working on a paid holiday
The Grievor is employed as a classified Correctional
Officer at the Perth Jail At that location; when the
Correctional Officer scheduled to work on Friday from 10.00 a.m.
to 10 00 p.m. books off for that shift, it is the policy of the
Employer to call in a casual Correctional Officer provided that -
are 5 or more inmates serving intermittent sentences (referred to
at the hearing as "intermittent inmates") to be admitted to the
institution that evening.
In this case, the Grievor was initially scheduled to
work from 10:00 a.m. to 10:00 p.m. on Friday, January 1; 1993 but
was subsequently advised that his schedule had been changed and
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that he would no longer be required to work that day When the
Grievor questioned management concerning the necessity to admit
intermittent inmates on January 1st, he was advised that the
Employer intended to grant passes to such inmates as a result of
which they would not be admitted to the institution. In fact,
sometime subsequent to January 1st, the Grievor discovered that 5
inmates had, in fact, been admitted to the institution between
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6'30 p.m. and 8:30 p.m. on Janua:r:-y 1st At the hearing, the \
Employer indicated that due to unforeseen circumstances, passes
were not granted to these inmates as had initially been intended.
In any event, the Grievor claimed that he ought to have been
permitted to work from 10:00 a.m. to 10:00 p.m. on January 1,
1993 as previously scheduled.
The Employer's policy in this case addresses the
circumstances in which .~ casual Correctional Officer will be
called in to replace the Officer who is scheduled to work from
10:00 a.m to 10:00 p.m. on Friday when that Officer books off
for the shift The issue in this case, however, is not whether -
the Employer ought to have called in a casual Correctional
Officer on January 1st but rather whether the Grievor ought to
have been assigned to work from 10:00 a.m. to 10:00 p.m. that
day In my view, there is nothing in the Employer's policy which
would entitle the Grievor to insist that he be scheduled to work
on Friday or which would require the Employer to schedule him on
a paid holiday. Moreover, there is nothing in the collective
agreement which prohibits management from requiring an employee
to take the day off on a paid holiday, even if the employee was
previously scheduled to work that day: see Birse G.S.B. #338/83 &
339/83.
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In the result, the grievance is dismissed.
DATED AT TORONTO, this 3rd day of August, 1993.
~ ~J).. '<' ~
vice Chairperson
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