HomeMy WebLinkAboutUnion 08-07-18
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IN THE MATTER OF AN ARBITRATION
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BETWEEN
The Manitoulin-Sudbury District Social
Services Administration Board,
"the Employer"
and
Ontario Public Service Employees Union and
its Local 679,
"the Union"
AWARD
Arbitrator: Paul Haefling
Appearances:
For the Employer - Mark H. Mason,
counsel, and others.
For the Union -
Marion Melville, OPSEU
Grievance Officer/ counsel,
and others.
A hearing in this matter was scheduled in Sudbury on July 15, 2008.
AWARD
The policy grievance filed by the Union on January 28, 2008, concerns the
application of the Letter of Understanding on shift scheduling particularly in connection with
part-time employees.
After having read and considered the Agreed Statement of Facts and documents and
submissions of counsel, I hereby award and order as follows:
1. The six (6) step process for filling available shifts under the "Scheduling
Available Shifts for Part-Time Employees" section of the Letter of
Understanding re-Shift Assignments shall be operative to fill all shifts to
which no employee has been assigned or all shifts where the Employer
has granted a Request for Time Off (collectively known as "Available
Shifts").
2. Under the collective agreement, employees may request time off in
three (3) scenarios for the Employer's consideration: Advance Time off
Booking, requests made more than seven (7) days in advance of the
desired day off, and Short notice requests (less than seven (7) days).
3. The Employer shall consider requests for time off as follows:
(a) Advance Time of Booking - the Employer shall consider such
requests based on seniority and part-time availability; and
(b) Requests Greater than Seven (7) Days in Advance and Short
Term Requests - the Employer shall consider such requests
based on a first-come-first-served basis and operational demands.
4. For the purpose of clarity, operational demands shall include any or all
of the following: suitable part-time availability (including location and
commitment), financial impact of any such decision (ie. mileage, meals
and/or overtime), statistical trends and historical experience regarding
employee availability to accept shifts related to unplanned absences,
seasonal impact and the protection of public safety and health.
5. The foregoing shall be issued as the award of Arbitrator Paul Haefling.
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6. The Union shall have thirty (30) days from the date of this award to
consult with the employees whose individual grievances have been held
in abeyance pertaining to this matter with a view to the withdrawal of
those individual grievances.
Dated at Elora the 18th day of July, 2008.
PAUL HAEFLlNG