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Home My WebLink About2002-2095.Union Grievance.05-05-19 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2002-2095 UNION# 2002-0999-0028 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) Union - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE FelIcIty D Bnggs Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Greg GledhIll Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING January 25 28 & May 12, 2005 2 DeCISIon From March 13th to May 6th 2002, the UnIon and Its members were engaged m a legal strike Pnor to the begmnmg of thIS actIOn the partIes had negotIated a Memorandum of Agreement regardmg the condItIons of work m the event of a stnke or a lockout (heremafter referred to as the "CondItIons Document") In that agreement It was provIded that "all collectIve agreement prOVISIOns apply to essentIal and emergency workers wIthout mterruptIOn, save only that AppendIx 9 and AppendIx 18 shall not apply" The CondItIons Document also expressly provIded the UnIon's contmued nght under ArtIcle 22 13 of the CollectIve Agreement to file UnIon gnevances on behalf of employees who were performmg essentIal and emergency servIces Dunng the course of the strike approxImately 5000 gnevances were filed by UnIon members across the Ontano Pubhc ServIce As part of the negotIatIOns that ended the work stoppage, the partIes negotIated a Return to Work Protocol That agreement contemplated vanous prOVISIOns mcludmg how contmuous servIce, pensIOn, credIts and senIonty would be affected as a result of the stnke AddItIonally, the partIes addressed other Issues such as repnsal, dIscIphne and the mechanIcs of the actual return of the bargammg UnIt members to the workplace It was further agreed these "strike related" gnevances would be treated separately and htIgated m an efficIent manner To that end, on June 27, 2002, OPSEU and the MmIstry of Pubhc Safety and Secunty (heremafter referred to as "MPSS") met to dISCUSS a process m order to resolve the outstandmg stnke related gnevances Followmg that meetmg a letter, dated October 11, 2002, confirmed the agreement that 3 In order to deal wIth the stnke related gnevances m a proactIve, expedItIOus and effectIve manner, the partIes have agreed to the followmg . No stage 2 heanngs . No filmg of strike related gnevances at GSB, untIl agreed otherwIse . WaIvmg oftnne hmIts . RespectIvely assIgnmg dedIcated resources to deal wIth the volume ApproxImately 4500 gnevances were filed by members employed by the MPSS The partIes agreed to a DIspute ResolutIOn Protocol for MPSS that mcluded Tenns of Reference It IS not necessary to provIde all of that agreement It IS sufficIent to say that the partIes agreed to an expedIted process wherem each party provIdes to the VIce Chair wntten submIssIOns whIch mclude the facts, prOVISIOns of the CollectIve Agreement, the EssentIal ServIces Agreement, legIslatIOn or any other document alleged to have been vIOlated, arguments and requested remedy Oral eVIdence would not be called although It was allowed that I could request further clanficatIOn If necessary In the event of any confusIOn regardmg the facts of the matter or the underlymg ratIOnale, I wIll dIrect the partIes to speak agam wIth theIr prmcIples NotwIthstandmg that some gnevors mIght wIsh to attend and provIde oral eVIdence, tlllS process has been efficIent and has allowed for a thorough canvassmg of the facts and arguments wIth respect to the vanous Issues Other procedural Issues were addressed to ensure that gnevances would be dealt wIth m a tImely faslllon The Terms of Reference also provIded that I would remam seIzed of all outstandmg strike related gnevances filed by members workmg m MPSS ThIS process was developed m consIderatIOn of ArtIcle 22 16.2 of the collectIve agreement It states The mediator/arbItrator shall endeavour to assIst the partIes to settle the gnevance by mediatIOn If the partIes are unable to settle the gnevance by medIatIOn, the mediator / arb 1 trator shall determme the gnevance by arbItratIOn Wilen detennmmg the gnevance by arbItratIOn, the medIator/arbItrator may hmIt the nature and extent of the eVIdence and may Impose such condItIons as he or she consIders appropnate The 4 medIator/arbItrator shall gIve a succmct deCISIOn wIthm five (5) days after completmg proceedmgs, unless the partIes agree otherWIse The majonty of the 4500 gnevances dealt wIth one of the followmg Issues . An allegatIOn of delayed retroactIve payments wIth a request for mterest owmg, . An allegatIOn of failure to pay appropnate hohday pay for Good Fnday and Easter Monday, . EntItlement to call back, . On-Call and Standby Issues for emergency workers Those matters were separately htIgated at the Gnevance Settlement Board and decIsIOns eIther have been Issued or are pendmg In accordance wIth the agreement of the partIes a number of heanng days were scheduled to hear and detennme the outstandmg strike related gnevances Many of the gnevances have been resolved through mediatIOn Dunng the course of the heanngs mto these matters It became apparent that reasoned decIsIOns were no longer necessary The major Issues between the partIes had been canvassed, htIgated and decIded m varIOUS awards and settlements It was also clear that tnne constramts were such that the outstandmg Issues had to be detennmed m a more expedItIOus faslllon and therefore the partIes agreed that the remammg matters would be decIded wIthout reasons It should be noted that m settmg out my rulmg below I have, m some mstances, provIded a remedy that IS less that what was bemg requested by the gnevor However, the remedy I have ordered, If any, reflects the appropnate result m each CIrcumstance It was hoped that my decIsIOn of December 20, 2004 would complete the outstandmg dIsputes However, there were a number of matters that remamed 5 unresolved. Followmg IS a hst of those gnevances accompanIed only wIth my ruhng REFERENCE # NAME DISPOSITION ES62 McLaren 1 day pay ES72 Harvey 1 day pay PA212 Smythe dIsmIssed PA213 Tuff dIsmIssed Shaun Deley8 hours pay John Kennedy 8 hours pay Mark Gouge dIsmIssed Larry Herechuk dIsmIssed DavId Sproat dIsmIssed Stephen Nenadov dIsmIssed Shannon et al dIsmIssed (no jUnSdIctIOn) Henn Dumont dIsmIssed DennIs Chnsto 13 sIck days Jeff McLauchhn 5 sIck days Darlene D' Andrea $307.20 Patnck MorrIs dIsmIssed ES121 DavId Kerr dIsmIssed ES61 MankIs dIsmIssed ES63 RIley dIsmIssed ES65 Tooke dIsmIssed ES69 Cook dIsmIssed ES76 Guylee dIsmIssed ES79 Insh dIsmIssed ES82 Kennett dIsmIssed 6 ES91 Clare dIsmIssed ES 1 04 M Breton et al dIsmIssed ES146M GIlhs et al dIsmIssed PA267M Qumte Group dIsmIssed PA412 Egerter dIsmIssed RW74 Peckford dIsmIssed P Al 00 Ball dIsmIssed P A315 Forndorn dIsmIssed P A329 Jean dIsmIssed PA04 Duchesne PA115 Duchesne DH26 Duchesne 280 hours pay DH36 N antaIS 280 hours pay Sudbury Work Refusal (Group) dIsmIssed The partIes are of the VIew that there are a few outstandmg matters that wIll need to be addressed at a later date Agam, I thank the partIes for theIr work and for theIr thorough presentatIOns that have allowed for tlllS efficIent process Dated m Toronto thIS 19th day of May, 2005