HomeMy WebLinkAbout2013-1737.Berry et al.13-12-09 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2013-1737
UNION#2013-0369-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Berry et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Bart Nowak
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING November 27, 2013
- 2 -
Decision
[1] The Employer and the Union at the Central North Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Most of the grievances were settled through that process. However, a few grievances
remained unresolved and therefore require a decision from this Board. The Protocol
provides that decisions will be issued within a relatively short period of time after the
actual mediation sessions and will be without reasons. Further, the decision is to be without
prejudice and precedent.
[2] A group grievance was filed for three Correctional Officers who claimed they should have
been paid the Absenteeism Target Incentives for all hours in 2012.
[3] All of the grievors were either on a paid leave of absence or an unpaid leave of absence
(including a twenty day suspension) from January 1, 2012 until and including July 11,
2012. The Employer paid the Absenteeism Target Incentive to the grievors for all hours
worked from July 12, 2012 to the end of the year.
[4] Appendix COR7 paragraph 5(d) states that where certain absenteeism targets have been
met Correctional Officers and Youth Workers (classified) will be paid “2% of the
employee’s straight time hourly rate as of December 31, 2012, for all hours worked in the
period of January 1, 2012 to December 31, 2012, if the average annual absenteeism is less
than or equal to the absenteeism target set out in article COR 15.1(d) and COR18.1(d).”
(emphasis mine)
[5] The grievors did not work any hours in 2012 until July 12th. The incentive is to be paid on
the basis of hours worked and not hours paid. This bonus, like some others previously
considered by the Board is “work driven”. Simply being paid is not sufficient to trigger
payment under this provision of the Collective Agreement.
- 3 -
[6] Accordingly, the grievance is denied.
Dated at Toronto, Ontario this 9th day of December 2013.
Felicity D. Briggs, Vice-Chair