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HomeMy WebLinkAbout1987-1947.Maddock.88-04-25IN THE MATTEK OF AN ARBITXATION under THE CXOWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEbENT BOARD I Between: OPSEU (B. Maddock) - and - The Crown in Right of Ontario (Ministry of Community & Social Services) H.J. &lisle T. Traves h. O'Toole Vice Chairman hrmber &ember For the Grievor: C.M. Oassios Counsr 1 Cowling & Henderson Barristers & Solicitors For the Employer: Mark P. Alchuk Solicitor Legal Services Branch Ministry of Community & Social Services Grievor Employer DECISION ~~~~--------____ The grievor is a Residential Counsellor at the Rideau Regional Centre for the Physically and Developmentally Handicapped. Grievor's opening statement described the background for her complaint. On May 18, 1907, management posted an offer for staff to work at an associated camp forty miles away on scheduled days Off. on May 22 the grievor was asked by her supervisor if she would work her two scheduled days off during the week of June 1 and she agreed. The grievor later told her supervisor that she was willing to do her regular twelve-hour shift each day, implying that she wouldn't be staying overnight at the camp. The supervisor said no to this arrangement and the grievor complains that the supervisor's then refusal of the overtime was arbitrary and violated her rights under the collective agreement. The grievor complains that when management made an agreement to provide overtime it had an obligation to carry out that agreement reasonably. The grievor asks for money damages in an amount equal to what she would have made if allowed to work or that she be allowed to work the two shifts in the future. Counsel for the Ministry maintains that even if we were to accept grievor's version of what occurred the complaint is not arbitrable. He relies on Chanaoor, 526/82 (Verity). In that case there had been an agreement between the grievor and his supervisor regarding the allocation of overtime. That agreement 2 was broken by the supervisor. The Board concluded: Under the provisions of the Collective Agreement, there is no specific Article dealing with the assignment or distribution of overtime work . . . . ..We are of the .opinion that the breach of an oral agreement is beyond the Board's jurisdiction and hence the matter is inarbitrable. . . ..The real basis of the Union's claim is a promise or oral undertaking which is not one embodied in or supported by the Collective Agreement. The award in Chanooor clearly seems to cover our situation. Counsel for the grievor seeks to distinguish Chansoor on the basis that there the Board was unable to find an Article of the Collective Agreement which was applicable. Counsel here argues that Article 8.1 or Article 10.3 applies and that management must act reasonably in their application. Article 8.1 provides: There shall be two (2) consecutive days off which shall be referred to as scheduled days Off, except that days Off may be non- consecutive if agreed upon between the employee and the ministry. We fail to see how this Article applies to our situation. The agreement here was not to alter the consecutiveness of the scheduled days off but rather to have the grievor work on both of them. Article 10.3 provides: A shift may be changed without any premium or penalty if agreed upon between the employee and the ministry. 3 Again, we see no application here. A shift was not being changed: the grievor was being asked to work an additional shift. Accordingly the grievance is dismissed. Dated at Toronto, Ontario, this 25th day of April, 1988. v - R.J. Delisle, Vice-Chairman T. Traves, Member Mr. O'Toole, Member