HomeMy WebLinkAbout1986-1464.Apfelbeck et al.91-03-111464/86, 1465/86
1466/86, 1467,'86 1468/86
IN TEE RATTER OF AN ARBITRATION
Under
TRE'CROWR EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD ..~
BBTBBEN
BEFORE:
FOR TEE
GRIEVOR
FOR THE
EnPLOYER
-,BEARING:
OPSEU (Apfelbeck.et al)
- and -
Grievor
The Crown in Right of Ontario
(Ministry of the Environment)
Employer
G. Simmons Vice-Chairperson
E. Seymour Member
D. Montrose Member
M. Ruby ~
Counsel
Gowling, Strathy & Henderson
Barristers 8~ Solicitors
M. Farson
Counsel
Fraser & Beatty Ministry of the Environment
December 20, 21 1989
December 12, 1990
2
SUPPLEMENTARY AWARD
On May 3, 1990, this Board released its decision in this
matter and concluded on page 23 as follows:
As stated above the grievance succeeds and the employees are,to be compensated as being
on stand-by between the hours of 4:30 p.m. to '. 8:30 p.m.. commencing 20 days prior to the
filing of the grievance but this compensation
is to be without interest. The Board will remain seized of its jurisdiction to assist the
parties in implementing this decision should
it be necessary to do so.
Briefly the issue in this matter was whether certain employees
were "on call" or "standby". The Board determined that certain
peak.hours were to be considered standby with other hours being on
call. The Employer informed the Board that it was unclear as to
the actual number of hours that were to be regarded as standby.
.Accordingly, the Award has yet to be implemented.
The Union sought immediate implementation of the Award
together with interest accumulating from the date of the Award. ._
.. After giving the matter consideration, the Board ruled orally
that standby was four hours and those hours were to be between
4:30 p.m. and 8:30 p.m. Moreover, Article 15.3 stipulates that the
four hours are to be paid at straig~ht time. The Board further
ruled that the Employer must implement this decision within 60 days
from the date of the hearing, that is December 12, 1990. Should
the Employer fail to comply then interest will be applied to all
3
the money owing retroactively to the date of our Award, that is
May 3, 1990.
Insofar as calculating the amounts owing. are concerned, the
Board ruled that it'would leave that matter to the Parties.
Finally, the Board stated that it would continue to remain
seized,in this regard.
Datedpt Kingston, Ontario this __ 11th day of March ~. , 1991.
C. Gordon Simmons, Vice-Chairperson
..~
I
Edward Seymour, Member