HomeMy WebLinkAbout2008-0903.Lavereau et al.09-09-28 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
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GSB#2008-0903
UNION#2008-0119-0004
Additional Files - Appendix ?A?
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lavereau et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Anastasios Zafiriadis & Frank Inglis
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Greg Gledhill & Sean Milloy
Ministry of Community Safety and
Correctional Services
Staff Relations Officers
HEARINGFebruary 18, 2009.
SUBMISSIONS
July 17, 2009.
- 2 -
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have
agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
[2]These grievances all relate to an issue that arose with respect to the staffing at the
institution between the hours of 1900 to 0700. In October 2006, the union processed a
health and safety complaint alleging that the employer was not providing appropriate
staffing for the hours in question. An inspector from the Ministry of Labour investigated
and issued an order that the parties jointly, and together with the Joint Health and Safety
Committee, should meet to discuss the matter and take ?adequate measures and
procedures as necessary? to ensure the safety of workers working on night shifts. The
employer indicated that, as part of its compliance with the order, a ?post audit? review
would be conducted. The parties subsequently agreed to change the schedule to reflect
the results of the post audit, moving from the previous 17 FTE lines, and creating a new
schedule with 18 FTE lines. This necessarily resulted in changes for many, if not all, of
the scheduled staff.
[3]After these changes, the ?new? line represented a shift between 1500 and 2300 hours.
This line was filled but, when the incumbent was absent, the employer did not fill the
time slot from 1500 to 1900. At the present, the employer regularly does not fill the line
- 3 -
on the schedule for the period from 1500 to 1900. The union concedes, however, that
this is consistent with the result of the post audit, which indicated a need for additional
staff during the hours after 1900.
[4]The union raises two concerns.First, it takes the position that the employer is required to
provide staffing for the period from 1500 to 1900. Second, the union asserts that the
change to schedule was premised on this understanding. The employer responds that
scheduling and staffing levels are a matter of management rights. To the extent that such
staffing decisions are impacted by the employer?s response to the order of the Ministry of
Labour, the employer submits that it is in full compliance with the order, and there is no
evidence to the contrary.
[5]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievances should be dismissed.
th
Dated at Toronto this 28 day of September 2009.
Barry Stephens, Vice-Chair
Appendix A
GrievorGSB Number OPSEU File Number
Dan Iellamo 2008-18622008-0119-0020
Dan Iellamo 2008-18632008-0119-0021
Steve Guylee 2008-18642008-0119-0022
Steve Guylee 2008-18652008-0119-0023
Steve Guylee 2008-18662008-0119-0024
Steve Guylee 2008-18672008-0119-0025
Steve Guylee 2008-18682008-0119-0026
Eric Rudat 2008-18692008-0119-0027
Mike Breedyk 2008-18712008-0119-0029
Eric Rudat 2008-20662008-0119-0031
Eric Rudat 2008-20672008-0119-0032
Eric Rudat 2008-20682008-0119-0033
Steve Guylee 2008-20692008-0119-0034
Steve Guylee 2008-20702008-0119-0035
Steve Guylee 2008-20712008-0119-0036
Mike Breedyk 2008-20722008-0119-0037
Mike Breedyk 2008-20732008-0119-0038
Dan Iellamo 2008-20742008-0119-0039
John Hotson 2008-21012008-0119-0040
John Hotson 2008-21022008-0119-0041
John Hotson 2008-21032008-0119-0042
Mike Breedyk 2008-23852008-0119-0044
Steve Guylee 2008-23872008-0119-0046
Eric Rudat 2008-25872008-0119-0047
Steve Guylee 2008-26082008-0119-0049
Mike Breedyk 2008-26092008-0119-0050
Mike Breedyk 2008-26102008-0119-0051
Mike Breedyk 2008-26112008-0119-0052
Eric Rudat 2008-26122008-0119-0053