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HomeMy WebLinkAbout1989-1983.Czekierda et al.90-09-12,-~ ONTARIO EMPLOY~-S OE LA COURONNE '~ CROWN EMPLOYEES DE L 'ONTARIO GRIEVANCE C,OMMISSiON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONTARIO. MSG 1Z8- SUITE 2t00 TELEPHONE/TI~L~PHONE 180. RUE DUNDAS OUEST. TORONTO. (ONTARIO) MSG 1Z8- BUREAu 2100 (416) 598-0688 1983/89 lg87/Sg, 1089/8q IN THE MATTER OF AN ARBITRATION Under TH~ CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD ..BETWEEN OPSEU (Czekier~a et al) Grievor - and - The Crown in Right of Ontario {}inistry of Community and Social Services) Employer - and - BEFORE: Bo Keller Vice-Chairperson G. Majesky Member G..Milley Member FOR THE R. Stephenson GKIEVOR Counsel Gowling, Strathy & Henderson Barristers &Solicitors FOR TBE S. Patterson EMPLOYEE Legal Services Branch Ministry of Community Social Services HEARING: June 27, 1990 - 2 - DECISION The grievors claim to have been unjustly disciplined by a shift schedule change. They seek to have the previous shift schedule re-introduced. Counsel for the employer took the position from the outset that the issue being grieved falls within the rights of management provided in section 18 of the Crown Employees Collective Bar~ainin~ Act and, in particular, that the matter of shift changes is a matter of organization and/or assignment. Counsel for the grievors took the position that the issue of scheduling per se is a management right but in the instant case, the manner in which it was done, and the motive, made the change tantamount to discipline. The Board informed the parties that it was prepared to hear evidence in order to determine whether the changes were made for disciplinary or punitive reasons. Ms. Alicia Czekier~a, a grievor and union representative at the time of the grievances testified. The grievors are all residential counsellors employed at the Oxford Regional Centre, a facility for the developmentally handicapped. The facility is a 24 hour operation. Prior to the grievance the residents were housed, and the staff worked, in 10 residences. Four, including the one in which the grievor worked (Meadowood 2) Were on an eight hour shift, Sunday to Saturday rotation. One (Fairview) was, until the spring of 1989, on an eight hour shift, Monday to Sunday. Five residences were on 12 hour shifts, Monday to Sunday.. In the spring of 1989 Fairview adopted a Monday to Sunday schedule but stayed on eight hours per day. The Centre has 'recently undergone a downsizing operation with four residences being closed. As a result, the grievor and the remainder of the staff in that residence were transferred to the Fairview residence. All the Fairview staff except for two transferred elsewhere. At ~the time the employees were told of the move they were also informed that their work. schedule was being changed to 12 hours per day, Monday to Sunday. This change affected about 68 employees. Just over 200 were already on the other shift. The result is that all employees work the same number of hours per shift and on a Sunday to Monday basis. The pay week of the Ministry is Sunday to Monday. From the evidence of Ms. Czekierda, it was clear that the grievors have two main concerns. The first has to do with a perceived lack of consultation prior to the implementation of the change. The second is a concern that their ability to schedule long weekends off is somehow compromised. Also expressed was a concern about her ability, as a union representative to meaningfully consult with her supervisor to try and resolve employee's problems. Clearly the'first two areas of concern, even if true do not constitute discipline. The first is. at best, if proved, a possible violation of the collective agreement. The second might result in employees having to alter the manner in which they schedule and enjoy their leisure time. But of themselves, taking into account the downsizing and the standardization of shift schedules they are neither disciplinary nor punitive. With regard to the last concern, the evidence was that the decision to effect the shift change was not that of the grievor's supervisor. There is no proof that shows any relationship between the difficulties testified to by Ms. Czekier~la about the relationship with her supervisor and the shift change. The union has not preyed that the shift change was disciplinary or punitive. The grievances are dismissed. Nepean 12th' day September 1990 M. Brian Keller, Vice-~hairperson "I DISSENT" (Dissent without written reason) Gary Maj esky, Member George Milley, Member