HomeMy WebLinkAbout2006-0655.Sindall.09-01-30 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
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GSB#2006-0655, 2008-2081
UNION#2006-0248-0038, 2008-0248-0063
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sindall and Beharrell)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Brian Keller
FOR THE UNION
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Greg Gledhill
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGDecember 16, 2008.
2
Decision
[1] This award is made pursuant to the Med-Arb Protocol between the parties. The issue
arises because grievors on night shifts are required to attend grievances meetings during
the day, outside of their normal working hours or on a day-off. They seek overtime
payment for the time required to attend the grievance meeting. They also seek to have
grievance meetings scheduled during their working hours.
[2] The collective agreement, at Article 22.6.2 provided only that one shall be given time off
with no loss of pay and with no loss of credits to attend Step 1 and Step 2 grievance
meetings. There is no obligation to pay for time spent at such meetings, if such time is
outside normal working hours. The claims for overtime are denied.
[3] The collective agreement also provides that an employee has the right to attend their own
Step 2 grievance meeting. This is reinforced by Article 22.6.2 that provides, as indicated
above, that an employee required to attend at Step 1 and 2 shall ?be given time off?.
There would be no need to give time off if the grievor is not at work. Accordingly, the
parties must attempt to schedule grievance meetings at a time when accommodated
employees, working nights, are at work. There will be times when this might not be
possible, for a variety of reasons. For example, if an OM16 is the only manager on shift,
he/she may not be fully aware of all the issues, or the issues warrant a more senior
manager or union official being in attendance. I leave it to the parties to meet and
attempt to resolve this issue. If no resolution results, the matter may be referred back to
me, by either party, for resolution.
th
Dated at Toronto this 30 day of January 2009.
Brian Keller, Vice-Chair