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HomeMy WebLinkAbout1998-0965.Nunes.99-04-09I ,- - EMPLOY& DE LA COURONNE DE L’ONTARK) COMMISSION DE RiiGLEMENT DES GRIEFS 180 DUNDAS STRE-ET WEST; SUITE 600, TORONTO ON M5G lZ8 180, RUE DUNDAS OUEST; BUREAU 800, TORONTO (Oh!) M5G IZ8 TELEPHONE/liLiPHONE : (416) 326-7388 FACS/M/LE/TkiCOP/E : (416) 326-1396 GSB #0965/98 OLB #3 15/97 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before -- THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Liquor Boards Employees’ Union (Luis Nunes) - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) BEFORE FOR THE GRIEVOR Susan L. Stewart Vice-Chair Don McDermott Grievance Officer Ontario Liquor Board Employees Union FOR THE EMPLOYER John D. Harris Manager, Employee Relations Liquor Control Board of Ontario HEARING March 26,1999 Grievor Employer DECISION _ . . i ,“. ! ; .: c \ *._ ; This decision deals with a grievance dated September 16, 1997, filed on behalf of Mr. L. Nunes. The grievance alleges a violation of Article 6.4 (a) of the Collective Agreement, relating to a change in schedule, and claims premium pay. This matter proceeded pursuant to the expedited process in the Collective Agreement. There was no objection to my jurisdiction to hear and determine the grievance. - i The facts were not in dispute. Mr. Nunes was on vacation from Monday July 21 to Friday August 1, 1997, scheduled to return to work on Tuesday August 5, 1997, following the Civic Holiday. Mr. Nunes returned to his day shift on August 5, 1997, at which time he became aware that his schedule commencing Monday August 11, 1997-, had been changed from the day shift to the afternoon shift. The change in the shift schedule had been posted on July 31, 1997. Employees who were present at work were provided with a letter advising of the change. Mr. Nunes received his letter upon his return to work. Article 6.4 of the Collective Agreement states that: Hours of work shall be posted at least two weeks in advance for each establishment and there shall be no change in the schedule after it has been posted unless notice is given to the employee one week in advance of the starting time of the shift . . . The position of the Employer was that notice was provided to 2 Mr. Nunes by virtue of the revised schedule being posted. It is the position of the Union that the Employer was obliged to notify Mr. Nunes personally of the change to his schedule if it were to avoid the' penalty. In my view, the language of Article 6.4 providing for notice to the employee of a change in schedule contemplates more than simply posted notice. This would appear to have been recognized by the Employer by virtue of its practice--of providing individual written notice to employees who have been affected by a change in schedule. However, the absence of an employee from the workplace due to vacation makes the practice of providing a letter at the workplace is of no practical assistance in terms of actual notice to an employee who is away from the workplace on vacation. It would be unworkable and unrealistic, however, to require the Employer to engage in an attempt to locate the employee while on vacation in order to ensure that personal notice is provided. In my view, a practical interpretation of the notice requirement which would require little more of the Employer but would give the employee the opportunity to be aware of any change of schedule would be to require the Employer to send the letter to the employee's home. The date that the letter is issued is to be considered the effective date of the notice. For the foregoing reasons it is my conclusion that notice of the schedule change was not provided to Mr. Nunes in accordance 3 with the provisions of the Collective Agreement. The claim for 7 l/2 hours at the rate of time and one-half is allowed. I retain jurisdiction to deal with any difficulties the parties may experience in the implementation of this decision. Dated at Toronto, this 9th day of April , 1999