HomeMy WebLinkAbout2001-0628.Derochie et al.03-05-10 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
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GSB# 0628/01
UNION# 01B218
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(DerochIe et af ) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty FamIly and ChIldren's ServIces) Employer
BEFORE Ian A Hunter Vice-Chair
FOR THE UNION Kathleen Lawrence
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER F enna MurJ I
Counsel
Management Board Secretanat
HEARING May 8 2003
2
DECISION
The group grievance before me is dated July 9, 2001 and alleges that the Employer
has violated the Collective Agreement" by failing to compensate part-time employees
for holidays which fall on their scheduled days off'
At the hearing on May 8, 2003 Ms Lawrence, Union spokesperson, conceded that
(a) the Collective Agreement is silent on the Issue of regular part-time workers being
compensated for holidays which fall on their scheduled days off, (b) that part X of the
Employment Standards Act dealing with paid holidays does not apply to the Crown (section
3 (4)), and (c) thatthere is a pnordecision of the Grievance Settlement Board (O.P.S.E.U.
(McKegney) v. The Crown in Right of Ontario, Ministry of Correctional Services, 1991)
directly on pomt and ruling against the claim here advanced by the Union
There are twenty (20) food servIce employees at the Southwestern Regional Centre
in Blenheim, Ontario covered by the grievance
This group had their own spokesperson, Ms Brenda Derochie, and, on consent of
both parties, I allowed her to make verbal representations concerning the equity of the
group's position
I agree with Ms Lawrence, for the Union, and Ms Murji, for the Employer, that the
gnevance cannot succeed The Collective Agreement has not been violated The
Employment Standards Act does not apply And, there is a prior deCISion of the Grievance
Settlement Board on point.
,
3
Accordingly, the grievance before me dated July 9, 2001 is dismissed
Dated at the City of London this/b!lg"y of I~ ,2003
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