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HomeMy WebLinkAbout1995-1628BOSSENCE99_02_22 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE " SETTLEMENT REGLEMENT BOARD DES GRIEFS t80DUNDASSTREETWEST SUITE600, TORONTOONM5G tZ8 TELEPHONEfTELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G tZ8 FACSIMILEfTELECOPIE (416) 326-1396 GSB # 1628/95 OPSEU #95E47l-48l IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Public Service Employees Umon (Bossence et al) Grievors - and - The Crown ill Right of OntariO (St. Thomas Psychiatnc Hospital, Mimstry of Health) Employer BEFORE Barry B Fisher V ice-Chair FOR THE Kathleen Lawrence GRIEVORS Gnevance Officer OntariO Public Service Employees Umon FOR THE Janet Myers EMPLOYER Employee RelatiOns Specialist Human Resources Branch Mimstry of Health HEARING February 9, 1999 AWARD This is an arbitratiOn pursuant to the Backlog MediatiOn! ArbItratiOn process. This gnevance mvolves an Issue regardmg the mterpretatiOn of Article 19 (former Collective Agreement) and Article 7 7 (former Collective Agreement) and IHC 13 1 and 2 under the current Collective Agreement and the Article 10 (compressed work week) The Umon was contendmg that if an employee works a statutory holiday, they could take all the entitlements (a total of 31 hours for those who work a regular 11 5 hour shift) as time m lieu. I find that the Umon's mterpretatiOn is mcorrect. An employee who is on an 11 5 hour day who works a statutory holiday has three optiOns a) Take all of the 31 hours as pay; b) Take 8 hours as lieu time and 23 hours as pay; c) Take 11 5 hours as lieu time and 19 5 hours as pay The gnevance is therefore dIsmissed. Dated at Toronto, Ontano, thiS 22nd day of February, 1999 ~ BARRY B. FISHER Vice-Chair