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HomeMy WebLinkAbout2003-3774.Union Grievance.04-03-09 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# 2003-3774 UNION# 2004-0999-0002 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 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 October 22, 2003 2 DeCISIon From March 13th to May 6th 2002, the Umon and Its members were engaged In a legal stnke Pnor to the begInmng of thIS actIOn the partIes had negotIated a Memorandum of Agreement regardIng the condItIOns of work In the event of a stnke or a lockout (hereInafter referred to as the "CondItIOns Document") In that agreement It was provIded that "all collectIve agreement provIsIOns apply to essentIal and emergency workers wIthout InterruptIOn, save only that AppendIx 9 and AppendIx 18 shall not apply" The CondItIOns Document also expressly provIded the Umon contInued nght under ArtIcle 22 13 of the CollectIve Agreement to file Umon gnevances on behalf of employees who were performIng essentIal and emergency servIces Dunng the course of the stnke approxImately 5000 gnevances were filed by Umon members across the Ontano PublIc ServIce As part of the negotiatIOns that ended the work stoppage, the partIes negotIated a Return to Work Protocol That agreement contemplated vanous provIsIOns IncludIng how contInUOUS servIce, pensIOn, credIts and semonty would be affected as a result of the stnke AddItIOnally the partIes addressed other Issues such as repnsal, dIscIplIne and the mechamcs of the actual return of the bargaInIng umt members to the workplace It was further agreed these "stnke related" gnevances would be treated separately and lItIgated In an efficIent manner To that end, on June 27 2002, OPSEU and the Mimstry of PublIc Safety and Secunty (hereInafter referred to as "MPSS") met to dISCUSS a process In order to resolve the outstandIng stnke related gnevances FolloWIng that meetIng a letter dated October 11 2002, confirmed the agreement that: In order to deal wIth the stnke related gnevances In a proactIve, expedItIOus and effectIve manner the partIes have agreed to the folloWIng . No stage 2 heanngs . No filIng of stnke related gnevances at GSB untIl agreed otherwIse . WaiVIng of tIme lImIts . RespectIvely assIgmng 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 Included Terms of Reference It IS not 3 necessary to provIde all of that agreement. It IS sufficIent to say that the partIes agreed to an expedIted process whereIn each party provIdes to the Vice Chair wntten submIssIOns whIch Include 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 Other procedural Issues were addressed to ensure that gnevances would be dealt wIth In a tImely fashIOn. The Terms of Reference also provIded that I would remaIn seIzed of all outstandIng stnke related gnevances filed by members workIng In MPSS The maJonty of the 4500 gnevances dealt wIth one of the folloWIng Issues . An allegatIOn of delayed retroactIve payments WIth a request for Interest OWIng; . An allegatIOn of faIlure to pay appropnate holIday pay for Good Fnday and Easter Monday . EntItlement to call back; . On-Call and Standby Issues for emergency workers Those matters were separately lItIgated at the Gnevance Settlement Board and decIsIOns eIther have been Issued or are pendIng. In accordance wIth the agreement of the partIes a number of heanng days were scheduled to hear and determIne the outstandIng stnke related gnevances Many of the gnevances have been resolved through medIatIOn. ThIS IS another decIsIOn dealIng wIth those matters Steven Wnght IS a CorrectIOnal Officer at the Thunder Bay CorrectIOnal Centre He filed a gnevance that alleged he was Improperly demed opportumty to be Included on the essentIal servIce lIst whIch would entItle hIm to be part of the draw ThIS faIlure dIsallowed hIm the possIbIlIty of workIng dunng the stnke Mr Wnght had earlIer applIed for and was granted a leave of absence for educatIOnal purposes His leave wIthout pay commenced In January of 2002 On March 11 2002, the gnevor approached management personnel at the CorrectIOnal Centre and made It known that he was able to return to work. However when asked, the gnevor was unsure as to hIS abIlIty to return to work after the conclusIOn of the stnke 4 A sImIlar matter was a dIspute between the partIes pnor to the commencement of the stnke On March 8th 2002, ArbItrator Jamce Johnston ruled The person currently on a leave of absence shall not be placed on the elIgibIlIty lIst. Whoever currently backfills the secunty officer In the event of an absence shall contInue to do so In the event of a work stoppage In my VIew that decIsIOn was correct and ought to apply In these CIrcumstances The fact sItuatIOn IS vIrtually IdentIcal AccordIngly the gnevance IS dIsmIssed. Dated In Toronto thIS 9th day of March, 2004 Vice-Chair