HomeMy WebLinkAbout2001-1699.Ashby et al.02-08-16 Decision
~~~ o@~o EA1PLOYES DE LA COURONNE
_Wi iii~~~i~T DE L "ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB#1699/01
UNION#02B 145
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Ashby et al )
Grievor
-and-
The Crown In RIght of Ontano
(Mimstry ofCommumty FamIly and ChIldren's ServIces)
Employer
BEFORE RandI H. Abramsky Vice-Chair
FOR THE UNION Kathleen Lawrence
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Andrew Baker
Counsel
Management Board Secretanat
HEARING August 15 2002
2
AWARD
On January 4 2002, a group gnevance was filed allegIng "that the 'pro-ratIng' of
fully paid sIck days through the Compressed Work Week agreement IS contrary to
language In the Abramsky DeCISIOn dated May 31st 1999 G S.B #1925/96 a 'day IS a
day' regardless of ItS length, as applIed to the ASP Mimstry thresholds"
The folloWIng facts are relevant to thIS matter
1 The gnevors are ResIdentIal Counselors at the Southwestern RegIOnal Centre In
BlenheIm, Ontano wIth the Mimstry of Commumty and SocIal ServIces [now
Mimstry ofCommumty FamIly and ChIldren's ServIces]
2 ArtIcle 10 Compressed Work Week Arrangements, SectIOn 5 1 of the collectIve
agreement states as follows
5 1 Short Term SIckness - Employees shall be entItled to full pay for the first
(43 1Iz or 48) hours of absence due to sIckness or Injury and seventy-five
percent (75%) for the next (899 or 992) hours of absence due to sIckness
or Injury Employees may exerCIse theIr optIOn under ArtIcle 44 6 (Short
Term SIckness Plan) of the Central CollectIve Agreement by deductIng
one-quarter (1/4) of an accumulated credIt for each 7 1/4 or 8) hours of
absence
3 The gnevors and Southwestern RegIOnal Centre mutually agreed to a local
compressed work week arrangement whereby the normal hours of work for
employees "shall be SIX 12-hour ShIfts and one 8-hour ShIft every bI-weekly pay
penod." The agreement also provIdes the folloWIng language
5 1 Short Term SIckness - Employees shall be entItled to full pay for the first 48
hours of absence due to sIckness or Injury and seventy-five percent (75%) for
the next 992 hours of absence due to sIckness or Injury Employees may
exerCIse theIr optIOn under ArtIcle 446 (Short Term SIckness Plan) of the
Central WorkIng CondItIOns and Employee Benefits Agreement by deductIng
one-quarter (1/4) of an accumulated credIt for each 8 hours of absence
3
4 The Employer has followed the language of the collectIve agreement and the
local compressed work week agreement.
5 The gnevors object to the method of calculatIng theIr sIck pay under the
collectIve agreement and the local compressed work week agreement as contrary
to the GSB decIsIOn In #1925/96 Instead, they want "each fully paid sIck day
[to be] treated as ONE day In that SIX fully paid sIck days be Implemented as
whole days regardless of theIr length."
The above-stated facts clearly demonstrate that the Employer has fully complIed
wIth both the language of the collectIve agreement and the local compressed work
week agreement. The decIsIOn In GSB No 1925/96 dealt wIth, In relevant part, the
propnety of the Ontano government's ASP program and the treatment of 12-hour
days for "threshold" purposes It dId not deal wIth the calculatIOn of sIck pay The
Issue of sIck pay IS addressed In the collectIve agreement and local compressed work
week agreement language quoted above
ThIS Board's JunsdIctIOn IS lImIted to InterpretIng and admInIstenng the collectIve
agreement. If there IS an Issue here that the gnevors are concerned about, It wIll need
to be addressed In collectIve bargaInIng. In thIS case, the Employer complIed wIth the
specIfic terms of the collectIve agreement and the local compressed work week
agreement. AccordIngly the group gnevance IS dIsmIssed.
Issued at Toronto thIS 16th day of August, 2002
RandI H. Abramsky Vice-Cha r