HomeMy WebLinkAbout4311&7-02-U - OPSEU 04-06-30'. ~LL 30 2004 17:24 FR OLRB 41~ 325 ?520 TO 941G443E~18 P.O4x06
ONTARIO LABOUR RELATIONS BOARD
4511-0~U Ontaxio Public S~vico Employe~s Union, Applicant v. The Crown lu
Right of Oatsrlo~ as Represented by Th~ Manatement Board of Cabinet and The
Ministry of Public Safety ~md 5eem'ity, Responaing Parties.
4317o0/,-U Ontario Public Service ~.mployees Union, Applicant v. The Crown In
Right of Ontario Represented By Management Board of Cabinet and Ministry of
Public Safety and Security, Responding Parties.
BEFORE: B~- McLean, Vic~-'hai~.
DECISION OF THE BOARD; July ~0, 2004
1. These are applications that the respo-d~%o part/es failed to comply with thc terms Of a
settl~n~nt.
2. The s~ttk'mcnt arose following a work stoppa~ at thc Hamilton Wcniworth Detention
Centre in Fcbruary 2002. OPSEU asserted at the time that the work stoppage arose because of
health and safety issues. Thc re~ponding partics alleged that thc work stoppage consti~ an
3. The re.~ponding perties ~cd an application unde~ section ~00 o£the Aa requc.~,~ thc
Board to order thc employees beok to work.
4. Tho partics scttlcd their diffcrcoccs, One of the issuc~ ttmt wes resolved involved the
~steblishmcnt of a process to dcel with chims for pay and/or discipline arising ou~ of the wozk
stoppage. The relevant provisi~ns arc es follows:
7. Tho issues of any ddnts for pay and/or dis~ipllnc a~ie_i~g from t~
events at the ~,~mllton Wentworth Detcn~oa Centre on Fctm~'y 14,
15, t6 end 17, 2002 shall bc n~eolvod as follows:
(a) 1ho Employer may interview the employees to dct~-rmi-c their
personal ctrc-~t~nccs in connection with thc cve~s at the
Hamilton-Wentworth Detention Centre on February ~4, 15, 16 and
17, 2002;
Co) the employ~s ~,~i hero thdr ~hoioe of e Union teprescntatlvc to
be present at the interview, which will b~ l~ld at a mutually
convcnlcnt thno ,md piece;
(c) if the Employer det~.~ncs that it has just ca~e, the ~.-~loy~r may
place the employee on an upaid [~/c] leave of absence for one o~
mute of l~chruary t4, 15, 16 and I?, 2002 and/or provide a written
rcpt~*~*~d in the form of Appendix "C", which shah be removed
flora th~ employeo'$ personnel filo no lau~r than ~Tavcmbcr 14,
2009-. If an unpaid leave of absence is imposc~ the ~ployer
.TUL 30 2~4 17:24 FR 13LRB 416:326 7520 TO 94164438618 P.05/1~6
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shall drxluct a maximum of ca~ days pay l~r pay period, to
commcnc~ upon ratificalion of~coowal Coll~flve ~ent;
(d) Tim parties agree fl~at the pay deducfioas imposed by the Employer
pur~,~,-~ ~o th= Memorandum of Asm~en~ if say, will not be th~
subject of bar~inin~ for the ~ Collective
(e) if thc l~.mgloyer clelerml.e~ that ithis no just ca.c, tl~ Employer
shall r~:dve any and all pay for Febmal7 14, 15, 16 ~_.a l?, 2002,
(t) thc Union axi dm ~.,~ioy~ ~a-~cvc thc d~ision mada by the
Employs', with ~ch srievmce to be d~alt with by th~ C-rlevan~
Sealeme~t Board on an exp~di~l bssis, with~- th~ (3) v~mth~ o£
dm r~i6cation of tim renewal Collective Agwement and thc
Employer beari~ the onus of d~monslralin~ just case;
~ there shall be no further o~ other discipli~ imposed in respect of
thc events at dm H~milton'Wentworth Der~nlion Ccni~ on
I~cbrua~ 14, I~, 16 aud 17, 2002, Withou~ limidn~ ibc foregoing,
u~erc shall bo no non-r~'wal of contracts of unclassified
employees based solely on ~hc imposition of thc unpaid lea¥c of
absence and/or lcttcr of ~p~imand laken or ir0poscd purs~ to
(h) die Union ~serves its rlgh~s to c~.lleng~ any and all discipline
!ml~sed by thc Employer, puim~ant to thc terms the~eof~
(l) none of thc parli=s edmi~ liabilit~ for any actions p~mi~g to thc events at the ~miltoll. Wentwolth Detent{on Centre on
14, 15, 16 and l?, 2002 and Ih= Union ~ not to file any
r~prisal complaiats purp!,_-t to s. 50 of tho Occ~l~etioa~l Health
and Safety ~ pe~.i.l.$ to any evicts and/or actions referred to
herei~ Th~ Union t~scu-vcs ~ay and ail righm with respect to any
~ts and/or ~tion not mforred to herein.
9. This Memorandum of Agreemant is eaforceabl~ pursuant to section
96(/) of tho Onmio Labour l~htions Acc
5. It is not disputed that, for reasons which arc in disp,~_% the investigation interviews
cent __cm?laIed by thc M~mora~dum did not occur until the fall of 2002 and as of April 2005 bad
not been completed.
6. OPSEU allege~ that the employer his r~ot complie/1 with thc sclilemc~t in a number of
respects:
a) That thc leuers issued ~o c~ployccs did not comply with the
agreed upon form as scl out in Appendix C to th~ Mcmora~
b) That lett~s of rcpri~ncl vn~c given lo emplo)~,~ af~ the
Nov~mbsr 14, 2002 deedl~ imposed by the M~morandum-
o) That thc employer did not interview and/or discipline all
· 2UL 38 21~4 17:24 FR OLRB 416 326 ?520 TO 94164438618 P.OG/~G
-3-
iavolv~ /n ~ work stoppato
~m~ ~c~ c~ ~ ~ A~ ~ a ~o~m
of ~o
d) F~Y ~ m~ ~ ~vc pay
m~o~ e~lo~ w~e
~ ~ q~flon-
7. ~e r~n~i,~ P~ ~Y ~
~ey ~ ~ ~ ~ed not to gve ~y l~ of
r~ ~ ~e ~o fo~ a~ to by ~e p~ as App~ "C" io ~e M~d~ ~d ~t
~ly ~e ~ ]imi~ a~l~ble to ~y 1~ of
pay.
~t ~y ~ve not ~l~ ~ ~v~fi~o~ ~ ~ ~e ~e of ~e a~on.
~ ~o~
10. P~ 7(0 of ~ M~~
d~on by ~e e~ploy~ to d~t pay or ~ose a ~d to
~. ~ a~~ ~c at ~e ~e
pwc~i~g co~~ by p~ph 7(~. ~ ~p~io~ ~ bw~ ~ ~t ~ hvolve
~ ~ no~ ~volve a cb~li~= of ~e ~io~ on ~e ~, w~ ~ w ~ ~e ~bj~t of
p~oc~ befo~ ~e ~~ S~t Bo~d.
~ ~d I ~ ~e ~ to ~ sa do~ for h~
12. At ~ ~g ~o ~e ~
2 (~ a~ela~o~ ~~S ~~ "C9 on
~e ~t ~ ~u~e.
"Brian McLean"
- f~r the Board