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HomeMy WebLinkAbout1998-0960.Carpenter.99-03-23 Decision ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE ... SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-139tS GSB #0960/98 0961/98 OLB #382/97 113/97 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OntarIO Liquor Boards Employees Dillon (John Carpenter) Grievor - and - The Crown m RIght of Ontano (LIquor Control Board of Ontano) Employer BEFORE Susan L Stewart V Ice-Chair FOR THE JulIa Noble GRIEVOR Legal Counsel Ontano LIquor Board Employees Uman FOR THE AlIson Renton EMPLOYER Counsel, Legal ServIces LIquor Control Board of OntarIO HEARING February 18,1999 \ .- DECISION There were two grievances before me, filed on behalf of Mr J Carpenter Mr Carpenter is employed in the position of Building Maintenance Mechanic at the Durham warehouse The grievances both arise from claims to overtime opportunities The Union's position is that Mr Carpenter ought to have been offered overtime hours which were worked by agency employees performing work in the Maintenance Mechanic classification The grievances proceeded pursuant to the expedited process established by the Collective Agreement There was no objection to my jurisdiction to hear and determine the grievances Both grievances claim a violation of Article 6 6 (b) of the Collective Agreement Article 6 6 provides as follows 6 6 ( a) Authorized work performed in excess of the employee's normal work day shall be paid at the rate of one and one half (1 1/2) times the normal hourly rate of the employee unless otherwise provided in this Agreement All work performed on any second consecutive day of overtime shall be paid at double the employee's normal rate of pay It is understood that an em~loyee is to receive double rates when the employee works on the employee's second scheduled day off (b) Where there is a requirement for overtime to be worked, it shall first be offered to full-time employees on a rotational basis Where sufficient personnel do not volunteer, such overtime shall then be offered to permanent part-time ,- employees then to casual employees Failing sufficient volunteers, 2 overtime would be assigned to the least senior qualified employee ( c) Liquor Licence Inspectors, Field Auditors, Systems Officers 1, systems Officers 2 and Systems Officers 3 who perform authorized work under Article 6 2 shall take lieu days in payment of such overtime work providing work demands on Field Auditors, Systems Officers 1, Systems Officers 2, and Systems Officers 3 are such to permit the Employers to grant such lieu days no later than the end of the second month following the month in which the overtime occurred Where this is not the case, persons in these classifications shall be paid overtime rates in accordance with Article 6 6(a) ( d) Where an employee is required to work on a Sunday as part of that "- employee's regular shift, the employee is to be paid at the rate of one and one half (1 1/2) times the regular hourly rate of the employee (e) Where an employee is required to work on a Sunday, provided the Sunday is not part of the employee's regular shift, the employee shall be paid at the rate of one and one half (1 1/2) the regular hourly rate of the employee ~ The first grievance relates to four hours of work performed on each of four consecutive days between March 24 and March 27, 1997 The warehouse operations were stopped during this period for inventory purposes and the maintenance department took the , opportunity to engage in preventative maintenance The work in - 3 issue entailed the installation of new hydraulics on the conveyor system The work was performed by agency personnel who worked from 8 00 a m to 8 00 P m on the project and who were licenced maintenance mechanics While it was acknowledged that as a Building Maintenance Mechanic Mr Carpenter does not ordinarily perform this particular work, it was noted that he does possess qualifications in the area of hydraulics He is licenced as a stationary engineer Ms Noble directed my attention to the position description for Building Maintenance Mechanic which includes the following Assisting the installation, modification, trouble- shooting, repair, overhaul or removal of the material handling or other system/equipment as directed In this regard, Ms Renton referred to the fact that the position description for Maintenance Mechanic refers to the more encompassing responsibility of Installs new or replacement equipment The issue between the parties is whether Mr Carpenter was qualified to perform the work in question ~ Given that he does not ordinarily perform this precise kind of work and given the distinction in the job descriptions of the two classifications se~ out above I am unable to conclude that the Union has established that he was qualified to perform the work Accordingly, I am unable to find a violation of Article 6 6 (b) \ of the Collective Agreement and the grievance is therefore dismissed - 4 I turn now to Mr Caprenters's second grievance This grievance relates to twelve hours of overtime worked on each of September 6 and 7, 1997 The work involved the repositioning of the clutch on the conveyor system and included some welding work Mr Carpenter was required by the Employer to become qualified as a welder and he did so The work was again performed by agency employees who were licenced maintenance mechanics Reference was made to work performed by Mr Carpenter which was claimed to be similar in nature to the kind of work in issue here, however there was no claim that this precise kind of work was ordinarily assigned to Building Mechanics Again, I am not persuaded that the Union has satisified its onus of establishing that Mr Carpenter was qualified to perform the work in issue and thus that he was entitled to the overtime work Accordingly it is my conclusion that no violation of Article 6 6 (b) of the Collective Agreement has been established and the grievance is therefore dismissed Dated at Toronto, this 23rd day of March, 1999 ~k S L Stewart, Vice-Chair i, - 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