HomeMy WebLinkAbout1995-1926.White et al.01-04-17 Decision
~ M~ om~, EMPLOYES DE L4 cOURONNE
~ ~(;::~:]~E~E DE L ONTARIO
~~~ SETTLEMENT COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
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 FACSIMILElTELECOPIE. (416) 326-1396
GSB#1926/95 1327/96
OPSEU#95E638 95E639 95E640 96G064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BElWEEN
Ontario Public Service Employees Union
(White et aI., Group Grievance)
Grievor
-and-
The Crown in Right of Ontario
(Ministry of Natural Resources)
Emplover
BEFORE Lorretta Mikus Vice-Chair
FOR THE Cameron Walker
GRIEVOR Grievance Officier
Ontario Public Service Employees Union
FOR THE Lori Aselstine
EMPLOYER Corporate Advisory Services Section
Ministry of Natural Resources
HEARING May 31 1999
DECISION
WhIte et al -GSB # 1926/95 and Alton et al -GSB # 1327/96
The Gnevors are unclassIfied employees who were hIred as members of the MNR fire crews. They
have gneved the Employer:s deCISIon to force them to take theIr scheduled days off and call ill non-MNR
crews illstead of allowmg them to work the shIfts and be paid overtIme.
As unclassIfied employees the gnevors are not govemed by the same overtIme proVIsIons of the
collectIve agreement that govem classIfied employees. In any event, the Employer has the nght to determille
how It will schedule overtIme so long as the schedulillg IS conSIstent WIth the terms of the collectIve agreement
and It IS done ill a manner that IS not unreasonable or ill bad faIth.
In the illStant case, It was not unreasonable for the Employer to schedule the overtIme hours ill a
manner that would aVOId unnecessary overtIme payments. There was no suggeSTIon that the Employer had
any ultenor mOTIves for Its deCISIon and therefore It cannot be Said that It was made ill bad faith.
For these reasons the gnevances are derued.
Dated at Toronto, thIs 17th day of April, 2001
Loretta Mikus, Vice-Chair
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