HomeMy WebLinkAbout2006-0912.McInnes et al.07-04-23 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2006-0912
UNION# 2006-0499-0028
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(McInnes et al.)
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Reva Devins
Jean Chaykowsky
Grievance Officer
Ontario Public Service Employees Union
Pamela Checkley
HR Manager
Liquor Control Board of Ontario
April 18, 2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to an expedited mediation-arbitration process to effect the quick
disposition of grievances and reduce the number of outstanding grievances. Appendix 2
incorporates the parties' Memorandum of Agreement and confirms that where grievances are
referred to the mediation/arbitration process, the parties will attempt to reach a mediated
resolution, failing which the Vice Chair will issue a written decision that is without prejudice or
precedent. The parties specifically agreed that this matter was properly referred for expedited
mediation-arbitration as contemplated under Appendix 2.
This group grievance challenges management's right to assign work to casual or fixed term
employees before seasonal employees have been assigned 37.5 hours for the week.
The grievors rely on Appendix 4, Section 2, paragraph 4-2.1 which provides as follows:
In Logistics facilities, hours of work will be assigned by Department in the following
order:
· first to employees who have attained seasonal status commencing with the seasonal
employee with the earliest seasonal attainment date, and then
· to casual employees in order of seniority
provided they are qualified to perform the work, and no overtime is incurred.
During annual inventory, management does not schedule seasonal, casual or fixed term
employee on days when inventory is being taken; they are scheduled for the balance of the week.
On the days when work is assigned, it is assigned in the required order of preference. The
grievors maintain that all of the 'work' for the week which is not performed by permanent
employees must be assigned to seasonal employees before it can be assigned to casuals. In their
view, management should distribute the work to seasonal employees throughout the week even if
this means the seasonal employees must work on the days that inventory is being taken.
In my view, the collective agreement only requires that where work is available, it must be
assigned in order of preference, first to seasonal employees and then to casuals. Management
cannot assign hours to a casual employee before the identical hours are offered to seasonal
3
employees. This provision does not, however, restrict management in determining whether or
when work is available. Nor does it entitle seasonal employees to a fixed amount of work in any
given period.
The grievance is denied.
~~~:2007
Reva Devins, Vice-Chair