HomeMy WebLinkAbout2002-2095.Union.08-07-28 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2002-2095
UNION# 2002-0999-0028
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union Grievance)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
June 30, 2008.
2
Decision
The parties have agreed to ask this Board for a clarification of two earlier decisions
regarding the calculation of seniority for unclassified employees. In a decision
written July 17, 2003, I stated the following:
For the purposes of calculating full time straight-time hours for unclassified
employees under Appendix 24 for this agreement the parties have agreed
that authorized leaves granted to unclassified employees during their
unclassified employment will be treated as follows:
?..
(B) Unpaid Sick Leave
Credit
(i) scheduled shifts: number of hours in the schedule shifts
missed due to illness
(ii) other periods: utilize ?Leave Formula?: ?calculate employee?s
average weekly hours from the last day the employee worked before
Credit
going on the leave going back 13 weeks. weekly average over
the 13 weeks for each week of the leave.
Medical documentation as per the collective agreement will be
required.
Both parties were candid in acknowledging that, notwithstanding this decision, it
may be that some institutions have not been properly or consistently granting
seniority for sick leave days for unclassified employees. The parties also agreed
that retroactive adjustments need not be made for any institution that has
completed a roll-over exercise prior to the release of this decision. However, on a
prospective basis, the Employer shall take sick leave into account as set out above
for the purposes of calculating seniority under Appendix 24. To be clear, the
parties have agreed that on a prospective basis only, any unpaid sick leave shall be
included in the Appendix 24 calculations. There shall be no entitlement for credit
3
under Appendix 24 where medical documentation has been requested by the
employer in accordance with Article 31A.8.2 and 31A.8.3 and has not been
provided by the employee.
In a decision written August 12, 2003, the following was stated:
Question #1
An unclassified correctional officer worked forty straight-time hours
in a week and was compensated at the regular rate of pay for those
forty hours. This unclassified correctional officer also worked an eight
(8) hour overtime shift in the same week for which s/he was
compensated at the overtime rate of pay. Total hours worked in the
week ? forty-eight (48) hours. Are any of the overtime shift hours
credited toward the employee?s ?straight-time hours? for the purposes
of ?Unclassified Seniority? in addition to the forty (40) hours credited
to the employee?
Decision
The agreement of the parties sets out the terms for each individual
institution. However, the language regarding the calculation of
seniority is identical. That provision stated:
For the purposes of the Agreement, seniority will be calculated
based on straight time hours worked from the beginning of the
unclassified employee?s service up to and including November
10, 2002.
In my view, the wording of the provision regarding the calculation of
seniority is clear. It is apparent that the parties utilized terms that are
familiar and understood to have particular meaning. None of the hours
worked in excess of the regular straight time hours are eligible for the
calculation of seniority. Therefore, the answer to question one is ?no?.
Question #2
An unclassified correctional officer worked forty (40) hours in a
week. Thirty-two (32) of the forty (40) hours were compensated at the
4
regular hourly rate of pay. The other eight (8) hours were
compensated at the overtime rate of pay in accordance with the
collective agreement. Total hours worked in week ? forty (40). What
are the total number of hours properly credited toward the employee?s
straight time hours for the purposes of unclassified seniority for this
work week?
Decision
In accordance with the Memorandum of Agreement the unclassified
correctional officer in question two had thirty-two (32) hours of
regular straight time work and therefore the hours eligible for
seniority calculation are thirty-two (32).
I understand that some grievances have been filed alleging that all straight time
hours paid, which may include a combination of hours of work and periods of
authorized leave, should be counted in the calculation of seniority for the purposes
of Appendix 24. This is incorrect. For Correctional Officers the maximum number
of regular straight time hours in a week to be considered in the calculation of
seniority for the purposes Appendix 24, is forty (40).
Similarly, for those employees who have regular work schedule requiring a
minimum of thirty-six and one quarter (36.25) regular straight time hours in a
week, no regular straight time hours in excess of thirty-six and one quarter (36.25)
shall be utilized in the calculation of seniority for the purposes of Appendix 24.
I remain seized in the event of implementation difficulties.
th
Dated in Toronto this 28
day of July, 2008.
Felicity D. Briggs
Vice-Chair