HomeMy WebLinkAbout2003-2405.Paquette et al.05-04-04 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# 2003-2405 2003-2406 2003-2409 2003-2410 2003-2411 2003-2412,2003-2413 2003-2414 2003-2415
2003-2416 2003-2417 2003-2418 2003-2419 2003-2420 2003-2421 2003-2422,2003-2423 2003-2424 2003-2425
2003-2426 2003-2427 2003-2428,2003-2429 2003-2430 2003-2431 2003-2432,2003-2433 2003-2434 2003-2435
2003-2436 2003-2437 2003-2438,2003-2439 2003-2440 2003-2441 2003-2442,2003-2443 2003-2444
UNION#2003-0636-0006 2003-0636-0007 2002-0636-0007 2002-0636-0008, 2002-0636-0009 2002-0636-0010
2002-0636-0011 2002-0636-0012,2002-0636-0013 2002-0636-0014 2002-0636-0015 2002-0636-0017
2002-0636-0018,2002-0636-0019 2002-0636-0020 2002-0636-0021 2002-0636-0022,2002-0636-0023
2002-0636-0024 2002-0636-0025 2002-0636-0026 2002-0636-0027 2002-0636-0028, 2002-0636-0029
2002-0636-0030 2002-0636-0031 2002-0636-0032, 2002-0636-0033 2002-0636-0034 2002-0636-0035
2002-0636-0036 2002-0636-0037 2002-0636-0038,2002-0636-0039 2002-0636-0040 2002-0636-0041
2002-0636-0042,2002-0636-0043
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Paquette et al ) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Health and Long-Term Care) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Kathleen Lawrence
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER AImee Ableman
Semor Staff RelatIOns Officer
Mimstry of Health and Long-Term Care
HEARING March 15 2005
2
DeCISIon
These gnevances all raise the Issue of the nght of employees workIng a compressed work week
(CWW) to bank lIeu tIme for hours worked on a statutory holIday The employer had a practIce
In the past of allowIng such employees to bank all hours earned on a statutory holIday as lIeu
tIme However In June 2001 the employer advIsed the employees that It would be dIscontInuIng
thIS practIce From that tIme forward, the employer has permItted employees to bank 8 hours,
under IHC 13.2, plus an addItIOnal 3 5 hours under Art. 4 of the CWW agreement, for a total of
11 5 hours
The gnevors argue that the employer should not be permItted to adJust the practIce and that they
should contInue to have the abIlIty to bank all hours earned on statutory holIday The employer
responds that the practIce was In clear contradIctIOn to the meamng of the collectIve agreement,
as set out In the Bossence et al decIsIOn (GSB 1628/95 Feb 22, 1999 FIsher) whIch provIdes
that an employee has the optIOn of takIng all 31 hours as pay takIng 8 hours as lIeu tIme and 23
hours as payor takIng 11 5 hours as lIeu tIme and 19 5 as pay The employer also argues that the
gnevances are untImely
The partIes agreed that thIS matter was to be dealt wIth under the mediatIOn/arbItratIOn procedure
set out In Art. 22 16 of the collectIve agreement. The partIes have also requested that I Issue a
decIsIOn wIthout reasons
3
HavIng carefully revIewed the eVIdence presented and the submIssIons of the partIes, It IS my
VIew that the gnevors' nghts are as set out In the Bossence et al decIsIon. As a result, the
gnevances are dIsmIssed.
Dated at Toronto thIS 4th day of Apnl, 2005