HomeMy WebLinkAbout2003-2371.Union Grievance.03-11-07 ORDER1
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# 2003-2371
UNION# 2003-0999-0031
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
(Management Board Secretanat) Employer
BEFORE FelIcIty D Bnggs Vice-Chair
FOR THE UNION Cameron Walker
SupervIsor of Contract Enforcement Umt
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER DavId Strang
ActIng AssocIate DIrector
Management Board Secretanat
HEARING November 4 2003
2
ORDER
A heanng was held In Toronto wIth respect to dIsputes that have ansen folloWIng the recent
power outage that affected most of Ontano On October 30 2003 the Umon filed a polIcy
gnevance that stated
The Umon gneves that some of Its' Umon members were not appropnately
compensated/credIted dunng the penod of August 14-24 2003 (ProvIncIal Power
Shortage)
At the heanng the partIes agreed to the folloWIng
1 A wIdespread power outage occurred on August 14 2003 at 4 11 P m.
2 The premIer declared a provIncIal emergency at approxImately 1000 p.m on August 14
2003 under The Emergency Management Act.
3 The provIncIal emergency was lIfted on August 22, 2003
4 Dunng thIS emergency Ontano government mImstnes were asked to contact theIr
employees and to advIse the employees not to attend work unless specIfically asked to do
so by theIr managers
5 Employees were advIsed that the government of Ontano would pay regular full and part-
tIme classIfied and unclassIfied employees for the days they were requested not to report
to work dunng the power emergency
6 Irregularly scheduled and unclassIfied employees were advIsed they would be paid based
on a schedule estImate USIng the average number of hours worked per week over the 13
weeks pnor to the power emergency and that any adjustments would be made as
necessary In the folloWIng pay penod.
7 There IS no dIspute between the partIes that the penod of August 14 to August 24 2003
(a) Was not a stnke or a lockout and that EssentIal and Emergency ServIces
Agreements under CECBA dId not apply to thIS penod,
(b) Was not a declared publIc holIday
The partIes further agreed
(i) VacatIOn credIts prevIOusly requested and approved for thIS penod remaIn as
vacatIOn tIme
(iI) All the provIsIOns of the CollectIve Agreement contInued to apply
(ill) PrevIOusly scheduled compressed work week credIts and accrual remaIn
unaffected.
8 The partIes wIll meet to dISCUSS IndIVIdual gnevances Vice Chair Bnggs wIll remaIn
seIzed of any gnevances whIch remaIn unresolved folloWIng these dIscussIOns
9 The Umon agrees to provIde the Employer wIth the outstandIng gnevances by December
12,2003
10 The Umon and Employer agree to contInue to Waive tImelIness WIth respect to these
gnevances
3
The partIes agreed to have thIS Issued as a consent order As requested by the partIes I remaIn
seIzed of any outstandIng matters In thIS regard.
Dated In Toronto thIS ih day of November 2003