HomeMy WebLinkAbout2014-0523.Fleming et al.17-10-04 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2014-0523
UNION# 2014-0411-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fleming et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Richard Brown Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCE September 22, 2017
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Decision
[1] The union referred to arbitration a grievance claiming compensation for missed
meal breaks. The parties entered into minutes of settlement dated March 2, 2017 dealing
with compensation and also establishing a procedure to be followed in the future when a
correctional officer misses a break
[2] The relevant portion of paragraph 3 of the settlement states:
The Employer will issue a letter to all Correctional Officer staff advising them that
commencing the date of the execution of the settlement for each shift that the
Correctional Officer requested and did not get their breaks they will be required to
note such on the sign in and out sheets for that day. [emphasis added]
[3] The employer subsequently issued a memorandum to all correctional officers,
dated April 21, 2017, stating:
There is a “sign-in sheet” in the Minimum Duty Sergeant’s Office for missed meal
breaks. After verification with the Minimum Duty Sergeant, please ensure you sign
this sheet if you have missed a meal break.
[4] The “sign-in sheet” referenced in this memo is not the same as the sheets used by
all correctional officers to sign in and out for each shift. Those sheets are normally located
in the lunch room, not the office of the Minimum Duty Sergeant.
[5] The union contends the minutes of settlement contemplate an officer recording a
missed meal break on the sign in and out sheets. Based on this interpretation of the
settlement, the union contends the memorandum does not comply with the settlement.
[6] I agree. In my view, the meaning of the contested phrase in paragraph 3 of the
settlement is very clear. The sheets referenced there are the very same sheets officers
use to sign in and out for their shifts. Those sheets are also to be used for recording
missed meal breaks. I digress to note the settlement does not stipulate where those
sheets must be located—i.e. in the lunch room or elsewhere. Nonetheless, if located
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elsewhere, they must be as readily accessible as they have been in the past when found
in the lunch room.
[7] There was a problem with the initial payment of compensation. Based on the
submissions made by counsel, I am satisfied the employer has already taken steps to
resolve that problem.
Dated at Toronto, Ontario this 4th day of October 2017.
Richard Brown, Arbitrator