HomeMy WebLinkAboutUnion 17-01-18f
1
1N THE MATTER OF AN ARBITRATION:
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 415 (the Union)
AND
ALGONQUIN COLLEGE (the College)
RE: Grievance Numbers: 2014-0415-0070 (Union Grievance 14A68)
Appearing for the Union:
Appearing for the Employer:
Sole Arbitrator:
Jane Letton, Counsel
Jock Climie, Counsel
Norm Jesin
AWARD
The grievance in this case alleges that the College violated the collective agreement by
failing to give preference to full time teaching assignments over the assignment of teachers
teaching a partial load and sessional teachers, as required by Article 2.02 and 2.03 A of the
collective agreement respectively. There are three areas in which the College is alleged to have
violated the agreement. Those are culinary, hairstyling and hotel and restaurant. This decision
deals only with the hotel and restaurant cost centre. More particularly, the Union`s claim
regarding this cost centre relates to courses in hotel and restaurant operations management.
2
In this case it is alleged that there were sufficient hours taught by teachers teaching a
partial load and sessional teachers in the fall semester of 2013 and the winter semester of 2014
that could have been instead taught by a full time teacher. In order to establish a violation the
Union must first establish that there were at least fourteen teaching contact hours per week
taught by non -full time teachers during the semesters in question. (A full time teaching load
under this agreement consist of between fourteen and eighteen teaching contact hours.) Once
it is established that at least fourteen hours are taught by non -full time teachers the College may
still be able to resist the assignment of full time teachers if it can show that the assignment of
partial load and/or sessional was operationally required. (For a fuller discussion of how Articles
2.02 and 2.03A are applied, see Algonquin College, unreported, February 21, 2013 (lesin), and
the cases cited therein.)
Each side presented a witness with supporting documentary evidence establishing the
number of hours taught by non-full'time teachers and the particular courses in which they were
taught. In each semester some of the hours were assigned to non -full time teachers to
temporarily replace other full time teachers who were absent on long term disability. It was
agreed that the assignment of these hours to non -full time personnel was permitted and would
not be considered in my decision.
In the result there were approximately 19 remaining hours taught by non -full time
teachers in the fall of 2013. However, a number of those hours were in beverage courses such as
mixology. The College, in its evidence asserted that it routinely hired non -full time teachers with
special expertise in the bartending industry to teach such courses. Indeed, the evidence
suggested that only one of the full time teachers, presently teaching hotel and restaurant courses
assignment in hotel and restaurant operations management in either the fall of 2013 or the
winter of 2014. For these reasons, this part of the grievance is dismissed.
Dated this 18th day of January, 2017.
Norm Jesin