HomeMy WebLinkAbout1994-0871.Carvalho.00-03-14 Order
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARW
. . GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONE/TELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB # 0871/94 1461/98,0945/99
OPSEU # 94D990-3 99BOOl 99B820
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc Service Employees Umon
(Carvalho Balon, Casld, et a1)
Grievor
- and -
The Crown m RIght of Ontano
(Mimstn of Attome, General)
Employer
BEFORE Randl H. Abramsk.") Vice ChaIr
FOR THE Peggy Snnth
GRIEVOR Counsel
Ehot, Snnth
Bamsters & Sohcltors
FOR THE Stephen Patterson
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING March 10 2000
CONSENT ORDER
The partIes have agreed to the followmg terms on consent:
1 The umon and the employees shall wIthdraw the above gnevances. For greater partIculanty
attached as Appendix 1 IS a hst of the gnevors.
2 The parties agree that the polIcy attached at Appendix 2, shall be Issued by the employer
The polIcy shall be the subject of commumcatlons at the meetlng of the MERC scheduled for
April 17 2000 Followmg that meetlng the employer shall cIrculate the pohcy to all
management Wltilln the relevant facihtles and the pohcy shall be Implemented effectlve May 1
2000 The parties acknowledge that the conSIstent applIcatlon of thIS pohcy throughout the
Court ServIces DIVIsIon IS Important.
3 The terms of thIS agreement shall be Issued as a consent order by Ms. Abramsky
4 The partIes shall execute a companIOn agreement to tills consent order whIch shall not be
Issued as a consent order and whIch shall deal WIth all matters of compensatlon ansmg out of
these gnevances.
5 Ms. Abramsky shall remam seIzed of the gnevances m the event that may matters arIse from
the Implementatlon of tills agreement.
Dated at Toronto, the 14th day of March, 2000
fI t4hY2-ntEl(j
RandI H. AbraIllsky Vice-Chair
APPENDIX 1
LIst of Gnevors.
BRANTFORD
P Carvalho
C Vanexem
N Hudacm
A. Cmmmak
I. Cvet
D Ryder
P Loughhn
J Dowless
J Stockley
P Webster
D Lecompte
D MacNeil
ST CATHERINES
M. Hollmgsworth
H. Marceau
M. Inman
T Beadle
P Ort Laverty (Estate)
C Bolan
K. Dolan
KINGSTON
M. CassIdy
J Mullen
B Newell
A. Newell
C Pettus
T Archer
D Knapp
APPENDIX 2
REPORTING PAY
a) Where an unclassIfied court staff (Court Reporter Court Room Clerk, Court RegIstrar Courtroom
Clerk/Momtor and Court ServIce Officer the "Staff" or the "Employee") reports for work at ms or her
scheduled reportmg TIme and It IS subsequently determmed by management that there IS no work
available, as an employee m a Court proceedmg, the employee shall receIve two (2) hours reportmg
pay pursuant to the terms of the colleCTIve agreement, and shall be free to leave the workplace.
SET UP AND CLOSE DOWN TIME FOR COURT SUPPORT STAFF
b) UnclassIfied Court staff (as defined above) will be paid for 15 mmutes to set up the court and 15
mmutes to close down the court. If more tIme IS reqUIred based on operaTIonal needs It will be allocated
at the dIscretIOn of the local Manager or SupervIsor of Court OperaTIons. The Manager or SupervIsor
shall act reasonably m exercIsmg theIr discretIOn. AppendIx A IS not mtended to be an exhaUSTIve hst but
rather an IllustratIve hst only of the cntena to be used by a Manager or SupervIsor of Court OperaTIons
m exercIsmg tills discreTIon.
DOWN TIME DURING THE COURT DAY
c) Dunng down TIme, the penod of TIme between court sIttmgs, excludmg a maxImum of one hour for
lunch and for normal before and after court work, staff (as defined above) shall be responsible for
advIsmg theIr respecTIve Manager or SupervIsor of Court OperatIons (the "Manager") of theIr status.
Where work IS available, wmch IS not work as an employee m a Court proceeding, the manager shall
offer the work to the employee The employee may refuse the work. If there IS no work, wmch IS not
work as an employee m a Court proceeding, or where the employee refuses the assIgnment the
employee shall be responsibihty free and shall not be paid until such TIme as the court to wmch they are
assIgned reconvenes. On the employee's return to work the employee shall be guaranteed a mImmum of
two hours of work, as an employee m a Court proceedmg, or pay m heu thereof.
Where work IS aVailable dunng the down tIme, wmch IS work as an employee m a Court proceedmg, the
manager shall assIgn the employee to the work and the employee shall not have the nght to refuse the
assIgnment.
The pohcy on down tIme shall not apply to court staff workmg at a satellIte court away from theIr base
court.
APPENDIX A
(lllustraTIve hst to assIst a Manager or SupervIsor of Court OperaTIons m exercIsmg theIr discreTIon m
extending the set-up and close down TIme for court support staff, beyond 15 mmutes)
Tills hst IS not au exhaUSTIve hst but a gUIdehne. SItuaTIons/needs may vary from court to court.
. Where an mdiVldual court support staff IS fulfilhng a dual functlon (e.g. clerk/momtor) and
needs more TIme to complete the tasks for both funCTIons.
. Where there may be a large number of exhibIts or bulky exhibIts to be set up or removed.
. SatellIte court operatIons. (Takmg travel to and from the courts mto consIderaTIon)
. Set up of addiTIonal eqUIpment reqUIred.
. Courtroom IS m another bUIlding from the base court locaTIon.
. Reportlng faulty eqUIpment and repmr of eqUIpment or other problems.
. Above-average caseload and amount of paperwork (e g. MultIple accused persons, mulTIple
charges resulTIng m mcreased post court data entry and cross referencmg.)
. Jury assembly Gury set-up sequestenng, etc )