Loading...
HomeMy WebLinkAbout1986-0927.Group.88-07-05EMPLOY& OEU COURONNE OEL’ONTARIO C$2MMISSION DE SETTLEMENT REGLEMENT DES GRIEFS 921/%6 191/86 482106 890/86 920/86 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVH BARGAINING ACT Before THE QRIEVANCE SETTLEMHNT BOARD Between: OLBEU (Group Gr ievance #728) Grlevors -and- The Crown in Right of Ontario (Liquor Control Board of Ontario).. Employer Before: P. Draper G. Nabi S.J. Cowan Vice-Chairman Member Member For the Grlevors: A.J. Esterbauer Counsel Koskle & Minsky Barristers & SoliGitOrS For the Emolover: R. J. Atkinson Counsel Hicks Morley Hamilton Stewart Storie Barristers & Solicitors Hearlnas: December 2, 1987 May 11, 1988 DECISION This is a group grievance in which the claim is made that the Employer has contravened Article G.6 (b) of the r;ollective agreement which reads: Where there is a requirement for overtime to be worked, it shall first be offered to full-time employees on a rotatior.al basis. Where suffi- cient personnel do not volur.teer, such. overtime shall then be offered to part-time store cash- iers or temporary employees aod failing suffi- cient volunteers shall be aesigned to full-time employees on a rotational basis. The Grievors are regular full-time employees working at either Store No. 727, Terminal 1 or Store No. 728, Terminal 2, Toronto Airnorr. Those stores are open from 6;:00 a.m. to il:OC p.m. 363 days per year, an operating schedule that includee all but two of the eleven paid holidays listed in the col:ective agreement. Overtime as defined in the collective agreemerit includes work performed on paid holidays. On ar?y gl-veR day there Is a mix of regular full-time and temporary or part-time employees on duty. At one time work 7 -1 LiN^..Z sc2iedules made no nlsx.~~~s...L~on between - 2 - there was an uneven distributinn of paid holiday work .wlthin that group. In the mid-1970's a new scheduling scheme was adopted which was designed to distribute paid holiday work equitably am0ngs.t regular full-t:me employees. :n i373 a member of the group grieved (In effect) that beoause of ths.t worlk schedule he was being denied paid holiday worik to which he was entitled. Al: concerned trea:ed the grievance 3s one in-valving t h e issue of rotations: versiis equallzation scheduling of paid holiday work. As a means of set:Jing the gr,ievance, regular full-time employees at the tw9 stores were asked to state in writing their preference as between the two SGh6z'duiiEg SGhelT,SS, Specifically, they were asked either to agree to permit or to decline to permit "variation in rotational days off to a ::ow equalization of assigned worIi on paid holidays." The result favoured the equalization option: the grievance was withdrawn and egualization scheduling of paid holiday work. remained. in force. The parties are agreed that equalization scheduling should continue. A What <he present grievance is about is that fewer than the maximum possible number of regular full-time employees are assigned to or offered paid holiday work. That is, althoug:? paid holiday -work is distributed eqaitabiy as hetweer? regular full-time employees, riot a:: 0: the available work is first offered t 0 S ii G h f? E p i 0 y 62 f? S yr;.stea,3 ‘ .~nme of It 1s ailcitted to tempnrary or part-time employees. zf S, - 3 - We fina 5othfE.g In the set tlement of the 1373 grj'evarxe to suggest that in agreeing to equalization scheduling of paid holiday work regirlar full-time employees were surrendering any existing right to that work. ?ut another way, there is noth;.izg contained In the settlemeat that ~oiild be cYOilSt?l.ied as a waiver of the right of regular 1 full-time employees UR. de? Article 8.6 (b) to be offered overtime work (in this case paid ko;iday work) before it is offered to temporary or part-time employees. We find that the equalization schedaling scheme for paid holiday work as now administered by the Employer at Stores Xo. 727 and No. 728 contravenes Article 6.6 (b) .of the collective agreement. The Grlevora do not seek compensatior for lost overtime work. Wh.3 t is sought ie a declaration by the aoard that equalization scheduling sha:: henceforth be administered ix? coz?formit-y with the provisions of the. co;;ective agreemeP.t a.rd we so declare. Sated at Consecon, cs?tar;o, this 5th 0: July, 1238. P. Draper -