Loading...
HomeMy WebLinkAbout1997-2079.Rutkowski et al.98-05-13EMPLOY& DE LA COlJFiONNE DE L’ONTARkZ COMMISSION DE RtGLEMENT DES GRIEFS 180 DUNDAS STREET WES 7; SUITE 600, TORONTO ON M5G lZ8 180, RUE DUNDAS OUE.57; BUREAU 600, TORONTO (ON) h45G lZ8 TELEPHONE/&iPHONE : (416) 3X3-1388 FACSIMILEil~L~COPIE : (416) 326-1396 GSB # 2079197 CUPE 2412 # SLO30 TN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINTNG ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN CUPE 2412 (RutkowskiKavergne) BEFORE R. Brown FOR THE UNTON - and - The Crown in Right of Ontario (Sudbury & District Ambulance Service) Vice-Chair R. Carnovale National Representative Canadian Union of Public Employees Local 2412 FOR THE EMPLOYER D. Robinson, Q.C. Counsel Mathews, Dinsdale & Clark Grievor Employer HEARRVG April 30, 1998 DECISION The grievers are employed in the position of Paramedic I and have applied for advancement to the position of Paramedic II. To make this move, they must complete OPALS Advance Care Paramedic training. In the selection of candidates for such training, the Sudbury Base Hospital accords preference to employees who have completed courses in Advance Cardiac Life Support (ACLS) and Basic Trauma Life Support (BTLS). The issue before me is whether the employer is obliged to pay the cost of the grievors taking these two courses. Article 23.02 of the collective ageement states: Where Employees are required by the Employer to take new Courses to maintain, up-grade or acquire new employment qualifications, the Employer shall pay the full costs associated with the Course. Where Courses are offered by the Employer, or such Courses are approved by the Employer to acquire new employment skills, opportunities for these Courses shall be available to all employees on a competitive basis and will be with pay. ‘. The employer contends this article applies only to courses which an 2 employee is required to take in order to continue working in his or her current position, and not to courses which an employee must take if he or she wishes to advance to another position. Rejecting the distinction between these two types of courses, the union claims the article applies to all courses that an employee is required to take for any reason. The language of the collective agreement is somewhat ambiguous on this point. At this stage in the proceedings, neither party has led extrinsic evidence of negotiation history or past practice to resolve the ambiguity. Instead, the parties , asked me to issue a ruling as to how article 23.02 should be interpreted if reference is not had to any such extrinsic evidence. I find the employer’s reading of the collective agreement to be the more plausible of the two competing interpretations. The rationale for requiring the employer to pay for courses which an employee must take to keep his or her current job is much the same as the rationale for requiring an employer to pay for a uniform which the individual must have to work. Just as employers commonly pay for a uniform, they commonly pay for this sort of course. It is not the norm for employers to pay the cost of courses which qualifjr employees for advancement or promotion. There is nothing in the language of article 23.02 to suggest the parties had this latter type of course in mind when negotiating. 3 . Without specific language on this point, article 23.02 should be interpreted in accordance with common industrial relations practice. In the absence of any evidence about negotiation history or past practice, article 23.02 should be interpreted as requiring the employer to pay only for courses which an employee must take to continue working in his or her current position. So long as the employer is willing to maintain an employee in such position, management is not obliged to pay the cost of courses required for advancement to another position. Richard M. Brown, Vice-Chair Ottawa, Ontario May 13,199s 4