HomeMy WebLinkAbout2010-2208.Porter.11-10-25 DecisionCommission de
Crown Employees
Grievance
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Settlement Board
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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 7pO
Fax (416) 326-1396 7pOpF
GSB#2010-2208
UNION#2010-0502-0051
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Porter)
Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care)
Employer
BEFORELoretta Mikus Vice-Chair
FOR THE UNIONLesley Gilchrist
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERKylie Humphries
Ministry of Government Services
Centre for Employee Relations
Employee Relations Officer
HEARING
June 1, 2011.
- 2 -
Decision
[1]The grievor, Anita Porter, has been employed in the Correspondence Services Unit of the
Ministry of Health and Long Term Care, as a Correspondence Clerk since 1987. She
grieves that the Employer has violated Articles 2, 3 and 9 of the collective agreement by
imposing unreasonable working arrangements on her that has caused her undue stress.
She also alleged that the Employer has discriminated against her for union activity. She
asks that her previous hours of work be reinstated.
[2]The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the collective agreement. The parties have also agreed that I have the
jurisdiction to decide this matter and asked for a decision without prejudice and precedent
and without reasons.
[3]7KHJULHYDQFHDULVHVIURPWKH(PSOR\HU¶VGHcision in July of 2008 to set the hours of
work for all employees in the Unit from 8:30 a.m. to 4:30. The grievor had worked from
7:00 a.m. to 3:30 p.m. for 23 years and had adjusted her life to those hours. She is a
diabetic and, she stated, must prepare particular meals at particular times and avoid stress.
These new hours interfere with her orderly life plan. She had been able to avoid the
stresses and delays of commuting to work by joining a car pool but has been unable to
make alternative arrangements. She attends doctor appointments twice a month and is
about to participate in a program with weekly meetings. These new hours do not allow
for those appointments or to make up the time to attend.
[4]She provided me with a medical note from her attending physician in which she stated
that it was imperative that the grievor be accommodated in her work by scheduling her
from 7:a.m. to 3 p.m. She stated that thHKRXUVVHWE\WKH(PSOR\HU³DUHSRVLQJDVHULRXV
ongoing health problem for her and impacting on her ability to work efficiently in her job
DQGMREUHODWHGDFWLYLWLHV´$GGLWLRQDOO\VKe stated that the new hours do not allow her
enough time to prepare meals and eat early enough in the evening to exercise and get
enough sleep.
[5]The Employer takes the position that the change in the hours of work was prompted by
valid business concerns. It receives numerous calls after 3 p.m. and requires all clerks to
be available to handle these calls. In the hour that the grievor works before 8:30 a.m.
there are no incoming calls and after 3:30 p.m. other clerks have to handle work that
should have been done by her.
[6]Additionally, the Employer submitted it had given the grievor 3 months to make
alternative arrangements and adjust her new schedule. It has also allowed the grievor to
make up her hours of work between 8:15 a.m. and 5 p.m. and has tried to accommodate
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[7]Having considered the submissions of the parties I have decided to dismiss this
grievance. There is insufficient rationale in the medical note to explain the strict
requirement to continue her previous schedule. It is without question that numerous
diabetics work full time hours without such rigid conditions. I cannot accept the
- 3 -
SK\VLFLDQ¶VRSLQLRQZLWKRXWPRUH explicit details regarding the relationship between the
JULHYRU¶VPedical condition and her hours of work.
[8]The grievance is dismissed.
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Dated at Toronto this 25 day of October 2011.
Loretta Mikus, Vice-Chair