HomeMy WebLinkAbout2001-1630.Union Grievance.04-03-08 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2001-1630
UNION# 02U014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Nelson Roland
Ryder Wnght Blair & Doyle
BarrIsters and SOlICItorS
FOR THE EMPLOYER Sunee1 Bahal
Counsel
Management Board Secretanat
HEARING February 25 2004
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DeCISIon
In a Memorandum of Settlement dated December 17 2001 ("the Memorandum") the
partIes agreed to wIthdraw two applIcatIOns before the Ontano Labour RelatIOns Board
("OLRB") and also agreed that, as a Vice-Chair of the Gnevance Settlement Board, I have the
JunsdIctIOn to determIne entItlement to pay for certaIn employees at the Toronto West DetentIOn
Centre ("Toronto West") for theIr ShIftS commencIng on November 6 2001 whIch they dId not
work. The Employer agreed to pay the employees for these ShIftS and the Issue for determInatIOn
was whether the employees should repay what they were paid for that day After many heanng
days dunng whIch I heard a consIderable amount of eVIdence, the partIes made submIssIOns at
the heanng on December 2, 2003 wIth respect to both the ments of the case and the remedIal
Issues before me In a decIsIOn dated December 4 2003 I made the folloWIng dIrectIOns and
retaIned JunsdIctIOn to resolve any dIspute between the partIes ansIng out of the decIsIOn
(1) The partIes at the local level shall meet to determIne who IS properly
on the "B" lIst for the purposes of thIS DeCISIOn and shall produce a
lIst In thIS regard wIthIn ten workIng days of the date of thIS DeCISIOn.
The cntena assocIated wIth those who are not properly on the lIst Include,
but are not lImIted to staff who were on a pre-approved leave of absence on
November 6 2001 and/or those who never receIved an ImtIaI deductIOn
by the Mimstry or subsequent reImbursement, and/or those who are no longer
employed wIthIn the Mimstry
(2) Those persons properly on the "B" lIst shall have the eqUIvalent of 1/3 of
theIr pay for theIr ShIft of November 6 2001 returned to the Mimstry wIthIn
60 days of the date of thIS DecIsIOn.
The partIes at the local level were unable to agree on a "B" lIst and the Employer
requested that the matter be lIsted for heanng for the purpose of dealIng wIth the "B" lIst Issue
The partIes at the local level were workIng from a revIsed Schedule "B" whIch had been a part of
the Employer's applIcatIOn to the OLRB ThIS document contaIned the names of employees who
3
were scheduled to work day ShIftS on November 6 2001 Apart from those employees who were
absent due to sIckness, the revIsed Schedule "B" contaIned 72 names
The Umon called Mr M. Vieselmeyer the PresIdent of the Local Umon, to testIfy In
support of ItS posItIOn. The Umon referred to a number of Employer documents, such as a
master schedule and a duty roster and took the posItIOn that the InCOnsIstencIes In the
documentatIOn created consIderable uncertaInty about whether many of the employees whose
names appeared on the revIsed Schedule "B" were scheduled to work day ShIftS on November 6
2001 In addItIOn to takIng the posItIOn In the alternatIve that some of the 72 names should not
be on the "B" lIst, the Umon argued that there should be no names on the "B" lIst In the
CIrcumstances ThIS posItIOn was based on ItS VIew that the names of certaIn employees who
appear to have been scheduled for the day ShIft on November 6 2001 were not on the revIsed
Schedule "B" Although not seekIng the addItIOn of theIr names to the "B" lIst, the Umon
argued that the absence of these names wIthout an explanatIOn IS dISCnmInatory and should
result In no repayment by any employee whose name mIght otherwIse be appropnately on the
"B" lIst.
The Umon' s posItIOn that there should be no names on the "B" lIst cannot be sustaIned.
It IS not clear from the matenal before me that the names of employees who the Umon claims are
mISSIng from the revIsed Schedule "B" were scheduled to work day ShIftS on November 6 2001
In any event, In makIng theIr submIssIOns on December 2, 2003 the partIes contemplated that
the dIspute about the revIsed Schedule "B" related to what partIcular names should be removed
from the "B" lIst, not that there was a possIbIlIty that there would not be a "B" lIst.
4
At the heanng on February 25 2004 the partIes separately advIsed me and the party
OpposIte of whIch names should be removed from the revIsed Schedule "B" At the end of thIS
process, there contInued to be a dIspute about the status of fourteen employees After
consIdenng the submIssIOns of counsel relatIng to these fourteen employees, It IS my conclusIOn
that Violet Blackman, Jarek MarcInkowskI, OzzIe Bacchus, Paul Fagon and Alex Zurby should
not be on the "B" lIst. The "B" lIst attached to thIS DecIsIOn Includes the names of those
employees who on the balance of probabIlItIes were scheduled to work day ShIftS on November
6 2001
Dated at Toronto thIS 8th day of March, 2004
ILhen - Vice
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"B" LIST
Belfiore, Joe Bradley Janet
BenedIct, Barry CallIgan, Bnan
BUrrItt, John Cannon, Ken
Campbell, ColIn CottIer Deborah
Clarke, Andrea CottIer Darren
Douglas, JamIe Desousa, LucIlle
Edwards, Rob DIver Angela
Hollmann, Andy Gerofsky Beverley
Holloway Tracy Grace, Larry
Houston, Doug Launa, Vince
Hutcheson, Rod MaCIver Ian
Koester Andrew Maxwell, Paul
LIantzakIs, Nick May Michael
MacKenZIe-HaInes, Craig McNeIl, LoreleI
McMullen, Reg Parker Charles
SIngh, BalbInder Penner Jim
Sparks, Constance Ralley GeorgIna
Willey Scott Skoufans, Efi
Allen-Leblanc, Kathleen SmIth, Chns
Bartlett, Scott Sponagle, Joseph
Boychuk, WillIam Stephens, Jeff
Brace Michael Swanson, Ian