HomeMy WebLinkAboutUnion 19-05-29IN THE MATTER OF AN ARBITRATION
BETWEEN:
ONTARIO SHORES
and
("Employer")
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 331
("Union")
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Stephen Raymond
Appearances for the "m lover
Craig Rix
Janet Ashfield
Gordon Shantz
Appearances for the Union:
John Brewin
Patti Lang
Jonathan Leung
Leanne Beaudry
James Van Allen
Arbitrator
Counsel
Director of HR, Occ Health and Wellness
Labour Relations Lead
Counsel
President
Vice -President
Treasurer
Chief Steward
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The parties held a hearing before me on February 14, 2018. The hearing was to address a
number of outstanding issues arising out of grievances that were filed after the hospital
implemented a change to its payroll process and the timing of when employees are paid
in relation to the time worked in February 2015. Prior to the hearing, the parties made
significant efforts to resolve the matter and what came before me were those outstanding
issues that remain unresolved.
In the Fall of 2014, the hospital advised the bargaining agent of its intention to make a
change to how it paid its bargaining unit employees. Following consultation with the
bargaining agent and several notices to impacted staff, the hospital subsequently
implemented a plan to change the payroll cycle. The goal of this change was to make the
payroll more current with the time that employees actually worked.
The collective agreement between these parties contemplates employees being paid
biweekly. In order to facilitate this change, however, the hospital established a one-time
one week schedule for the week of February 2"d 2015. In doing so, the hospital was able
to bring the payroll more current with the time that employees actually worked.
Thereafter, employees continued to be paid by -weekly as per the collective agreement.
The process of establishing this one time, one week schedule, however, gave rise to a
number of different issues and a number or resulting grievances. The union filed several
grievances including policy, group and individual grievances arising out of the hospital's
decision to make this payroll change alleging, among other things, that employees were
disrupted by this change, had to take days off using banked credits during the one week
period and were generally inconvenienced by the hospital's actions.
The Employer took the position that its decision to make its payroll cycle and its payroll
practices more current was a reasonable exercise of its management rights. New
employees to the hospital, for example, would not have to wait as long to get their first
paycheque.
After having heard the submissions of the parties and having worked with the parties to
resolve the matters before them, I hereby order the following:
1. On a one-time without prejudice basis given the special one-week schedule that
was established to bring the payroll current, part-time employees of the hospital
will be paid overtime for time worked in excess of 37.5 hours under this
provision. Because the hospital already paid overtime to these employees for
their hours worked in excess of 44 hours (the threshold established for weekly
overtime under Ontario's Employment Standards Act, 2000), the Part-time
employees will only be entitled to this one-time overtime pay for those hours that
they worked in excess of 37.5 hours up to 44 hours. The employees who are to be
paid under this provision and the amounts they are receive have been worked out
on the principles set out in this paragraph and have been approved by me. These
payments are to be processed within two payroll cycles from the date of this
Award. Since these payments are wages, they are therefore subject to all normal
statutory deductions and remittances.
2. Certain employees used banked stat time or vacation credits to take time off work
that was otherwise scheduled during the special one week scheduled established
for the week of February 2-8, 2015. In and around December 2016, the hospital
positively adjusted the banks of several employees who used such time to be
away from work that week in a one-time recognition of the unique circumstances
of its change to the payroll cycle. The employer did not reissue credits where an
employee worked all of their scheduled shifts during the week, used a sick credit
to be off work, gave a shift away, exchanged shifts or took an unpaid leave of
absence to be off work. In the course of their efforts to resolve these grievances, a
handful of employees were identified who were not reimbursed banked stat or
vacation as per the hospital's earlier actions. After due consideration because they
were deemed not to qualify, some of the claims for compensation under this
provision are denied.
a) Accordingly, the following individuals will be reimbursed the following
banked time on a without prejudice basis:
A. Weir — 8 hours Stat
V. Newland —15 hours vacation
K. Araujo — 7.5 hours vacation and 11.25 hours Stat
S. Gilbert - 7.5 hours vacation
E. Lenart — 7.5 hours Stat
B. Muscat 7.5 hours Stat
E. Valdes 15 hours Stat
The credits will be adjusted within fourteen (14) calendar days following the issuance of
this award.
b) The following individuals will be compensated without deduction for unpaid
leave taken, on a without prejudice basis:
R. Esau (an equivalent of 7.5 hours)
J. Bruckner (an equivalent of 7.5 hours)
3. In the spirit of promoting constructive labour relations and without going through
a labour intense process to hear the merit of each claim directly from each
grievor, on a without prejudice basis, the hospital will further distribute
$33,400.00 as general damages without any deductions to resolve all outstanding
group, policy and individual grievances that were filed related to this payroll
change. I would note that the parties mutually acknowledge that the agreement to
provide these payments was done in the spirit of promoting constructive labour
relations and is not an admission of liability or wrongdoing on the part of the
hospital. I understand that the parties are committed to working together to
establish a means for the equitable distribution of this payment. I therefore refer
this to the parties but I remain seized in the event that there are any outstanding
issues with respect to the distribution of this payment.
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4. The Employer will send out a letter on the Union's behalf to grievors who are former
employees of the Employer, except to those employees who have executed full and
final release from any and all claims arising out of the Employee's employment, for
the purpose of obtaining direction on payment. The letter will be in a form approved
by the Union or by me. The former employee is to be invited to write the Union
directly in respect of any instructions that the Union may be seeking in the matter.
The former employee will have 30 days from the date the letter is sent to respond. If
the employee does not respond within the deadline, the employee's claim, if any, will
not be recognized.
5. The payment in paragraph 3 will be made within 60 days of the Employer being
provided with the necessary instruction re: payment.
6. I further remain seized with regards to the implementation and enforcement of this
Award.
Dated at Toronto, this 29th day of May, 2019
Stephen Raymond