HomeMy WebLinkAbout1997-1338STAALSTRA98_02_10
ONTARIO EMPLOY~S DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
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180 DUNDAS STREET WEST SUITE 800, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G 1Z8 FACS/MILE/TEL13,COPIE (416) 32(1-139(5
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GSB # 1338/97
CUPE 1332-01 #95-07
IN THE MA ITER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
CUPE 1332-01 (Staalstra)
Grievor
- and -
The Crown m RIght of OntarIo
(Espanola Ambulance ServIce)
Employer
BEFORE R. Brown Vice-Charr
FOR THE R. Carnovale
UNION NatIonal RepresentatIve
CanadIan Umon of PublIc Employees
Local 1332-01
FOR THE D Robmson, Q C
EMPLOYER Counsel
Mathews, DInsdale & Clark
HEARING February 5, 1998
DECISION
,\ The umon contends Tony Staalstra~s name should have been added In the
~ummer of 1995 to the hst of casual employees at Espanola Ambulance ServIce
According to the UnIon, hIS name should have remained on the casual lIst until
the ambulance sefVlce was transferred to Espanola General HospItal on
December 1, 1997
The parties agree Mr Staalstra reSIgned hIS full-tIme employment WIth
Espanola Ambulance ServIce III July of 1995, at WhICh tIme he applIed for casual
work. The employer contends he was never hIred on a casual baSIS, whereas the
unIOn alleges he was
Both the gnevor's reSIgnatIOn as a full-tIme employee and ll1S applIcatIOn
for casual employment are contamed In an undated letter receIved by the
employer on July 7, 1995 There followed an exchange of correspondence
relatmg to penSIons and casual work By letter dated October 16, 1995, the
employer adVIsed hIm. "We do not have any casual pOSitIOns at thIS time"
Between Mr Staalstra's applIcatIOn for casual work and the employer's
rejectIon of tlns apphcatlOn, he worked one ShIft m the latter half of August of
1995 The employer contends thIS work was aSSIgned to Mr Staalstra m
exceptIonal CIrcumstances, but no eVIdence was led to support thIS assertIOn
The agreed facts show the gnevor perfonned work for the employer m late
August after he had tennmated hIS full-time employment and had applIed for
casual work. At the tIme tll1S work was perfonned, the gnevor clearly was an
employee As he no longer was employed on a full-time baSIS, he must have been
a casual employee In other words, by asslgnmg work to the gnevor III August,
the employer effectIvely hIred hIm on a casual baSIS
.
The umon does not seek any compensatIOn for lost wages The only
~~\medy sought IS the addItIon of the gnevor's name to the lIst of casual
employees, WIth the semonty flowmg from engagement as a causual employee m
.
~
the summer of 1995
The semonty of casual employees IS computed In hours The gnevor IS
entItled to convert IllS years of full-time sefVIce mto hours of semonty as a causal
employee He worked full-time from November 25, 1995 until July 16, 1995, a
penod of9 54 years At the rate of 1840 hours per year, speCIfied by artIcle
12 09(b) of the collectIve agreement, these years of servIce are the eqUIvalent of
17,554 hours If the gnevor's name had appeared on the casual lIst commencmg
In mId-August of 1995, he would have worked thereafter approxImately one
twelve-hour ShIft every two weeks Accordmgly, between July 16,1995 and
December 1, 1997, a penod of 120 weeks, he would have worked 720 hours
Based upon both actual full-tIme employment and casual work whIch should have
been aSSIgned, the gnevor's semonty as a casual employee as of December 1,
1997 should have been 18,274 hours
The gnevance IS allowed. The employer IS dIrected to add the gnevor's
name to the lIst of casual employees WIth 18,274 hours of seruonty as of
December 1, 1997
RIchard M. Brown, V Ice-Chair
Ottawa, Ontano
February 10, 1998