HomeMy WebLinkAbout2003-3789.Lewis et al.07-06-20 Decision
Crown Employees
Grievance Settlement
Board
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2003-3789,2003-3790,2003-3791,2004-0806, 2005-0297, 2005-0298, 2005-0299, 2005-1731
UNION# 2004-0331-0003,2004-0331-0004, 2004-0331-0005, 2004-0331-0011, 2005-0331-0010,
2005-0331-0011,2005-0331-0012,2005-0331-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lewis et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care)
Employer
BEFORE
Janice Johnston
Vice-Chair
David Wright
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE UNION
Len Hatzis
Counsel
Ministry of Government Services
FOR THE EMPLOYER
CONFERENCE CALL
June 13,2007.
2
Decision
This case has a long history. On November 5,2002, the parties signed Minutes of Settlement
which dealt with a compressed work week (CWW) arrangement at the Whitby Mental Health
Centre. By decision dated December 12, 2005, I dealt with two preliminary motions made by the
Ministry to dismiss three grievances which had arisen pursuant to the CWW.
By decision dated October 30,2006, I issued an award which clarified the terms of the
CWW arrangements in place at the Whitby Mental Health Centre. Paragraph two of that award
stated:
2. If a review does occur and the employer chooses to hold a vote:
a. non-nursing staff will not vote on nursing schedules;
b. part-time and temporary staff will not vote; and
c. only returned ballots will be counted in determining the result;
It appears that there is some confusion concerning the meaning of the term "non-nursing
staff' or conversely, who is included when the term "nursing staff' is utilized. A conference call
was held on June 13,2007 and counsel provided me with their submissions regarding the
interpretation of the term.
In the decision dated December 12, 2005, paragraph two, the term nursing staffwas
defined to include RN's, RPN's and Patient Care Assistants (PCA's). After carefully considering
this matter I see no reason to vary the earlier interpretation given to the term in the December 12,
2005 decision.
Accordingly to be perfectly clear, when the term nursing staff is used in the CWW it
includes RN's, RPN's and Patient Care Assistants (PCA' s).
3
In the event that the parties have any difficulties with the interpretation or
implementation of this award I shall remain seized.
Dated in Toronto this 20th day of June, 2007