The URL can be used to link to this page

Home My WebLink About1998-1857.Coulter.99-07-20 - OIflARJO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'OIflARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS f80 DUNDAS STREET WEST SUITE 800, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-1396 GSB # 1857/98 OPSEU # 99B268 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc Service Employees Umon (Kevm Coulter) Grievor - and - The Crown m RIght of Ontano (GIlpm Ambulance Service) Employer BEFORE Ken Petrvshen V Ice-Chair FOR THE Ed Holmes GRIEVOR Counsel Ryder, Wnght, Blair & Doyle Bamsters & SolICItors FOR THE No One Appeanng EMPLOYER for the Employer HEARING July 7 1999 - DECISION In a gnevance dated January 5, 1999, Kevm Coulter a part-time paramedIc claims that he was unJustly dIscIplmed, In the Clfcumstances that gIve nse to hIS gnevance, It would appear that Mr Coulter s dIspute wIth the Employer can more accurately be descnbed as one m which he alleges that the Employer contravened the CollectIve Agreement when It wrongfully prevented hIm from workmg between December 2 1998 and January 5 1999 Although gIVen notIce of the heanng, no one appeared at the heanng on behalf of the Employer Counsel for the Umon adVIsed me that he was adVised by a representatIve of the Employer that the Employer dId not mtend to appear at the heanng I set the matter down for at least one-half hour III order to see If anyone would appear for the Employer Smce no one appeared, I proceeded WIth the heanng The eVIdence called by the Umon establIshed that the Employer IS bound to the relevant CollectIve Agreement. Mr Coulter receIved a speedIllg tIcket III August 1997 He unfortunatelv mIsplaced the ticket and forgot to pay the fine He renewed 111S licence plate sticker 111 1997 and November 1998 WIthout any dIfficulty On approxImately November 30 1998, the owner's son adVIsed Mr Coulter that the Employer receIved a Dnver s Abstract from the Mil1lstry of TranspOIiatIOn Wll1Ch dIsclosed that Mr Coulter s 2 lIcence had been suspended and that he could not work for the Employer untIl the licence was renewed. Unaware of why hIS hcence had been suspended, Mr Coulter contacted the Mil1lstrv of TranspoIiatIOn on November 30, 1998 and dIscovered that the suspensIOn was due to hIS failure to pay the speedmg tIcket. Mr Coulter was told what he had to do to renew hIS dnver s hcence Mr Coulter paid the $80 00 fine and paid $100 00 to renew hIS lIcence On December 2, 1998, he receIved a Notice of Remstatement of Dnver s LIcence ( "the NotIce ) from the Mimstry of TransportatIOn statmg that "your authontv to dnve IS remstated as of December 2nd 1998 Mr Coulter presented the Notice to the Employer but was adVIsed that he could not return to work, The Employer apparently wanted to obtam another Dnver s Abstract m order to venfy that the suspension was tenmnated. Mr Coulter was contacted by the Employer on or about J anuarv 3 1999, and was adVIsed that he could return to work on January 5 1999 Mr Coulter lost SIX shifts 90 standby hours and 12 call-ms Hav111g regard to the eVIdence before me, I am satIsfied that the Employer contravened the relevant Collective Agreement when It faIled to permIt Mr Coulter to work. between December 2 1998 and January 5,1999 The presentatIOn of the Notice to the Employer on December 2 1998 was sufficIent IndIcatIOn to the Employer that Mr Coulter s dnvIng pnvIleges had been remstated. AccordIngly I hereby dIrect 696233 Ontano Ll1111ted, cob as GIlpIn Ambulance ServIce to forthWIth pay to Mr Coulter the sum of $1 407 60 for ItS contraventIOn of the CollectIve Agreement ThiS amount - 3 ll1cludes 6 ShIftS (6xl0 hours=60 hours) at $1705 per hour ($1,023 00) 90 hours of standby time at $2 00 per hour ($180 00) and 12 call-ll1s at $17 05 per hour ($204 60) I note that the Employer was paYll1g $17 05 per hour at the relevant tune and that the Umon takes the posItIOn that a hIgher rate should have been paid. I also note that, at the Umon s request, the damages do not ll1clude vacatIOn pay and ll1terest. Dated at Toronto thIS 20th day of July, 1999 /l. , (. /.-1- Ii. , L~ I-t '- L~) . t: ''----... Ken Petryshen - Ice-Chair