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HomeMy WebLinkAbout1990-1035.Union.90-12-28 -- I ONTARIO EMPL OY~S DE LA COURONNE CROWN EMPLOyEES DE l 'ONTARIO 1111 GRIEVANCE CpMMISSIONDE SETTLEMENT REGLEMENT ,BOARD DES GRIEFS 180 OUNDAS STREET WEST, SlJlTE 2100, TORONTO, ONTARIO. MSG 1Z8 TEI.Ep,.¡ONEIT~L¡tPHONE: (4 T6) 326- r388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO}, Msa IZ8' f:A.CSIMI!.Elr¡tLECOPIE: (4161 326- 1396 1035/90 I I IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before ! THE GRIEVANCE SETTLEMENT BOARD BETWEEN CUPE (Union Grievance) Grievor - and - The Crown in Right of ontario (Workers I Compensation Board) I Employer BEFORE: N. Dissanayake Vice-Chairperson T. Browes-Bugden Member D. Clark Member FOR THE C. Lace GRIEVOR Counsel Sack Goldblatt Mitchell Barristers & Solicitors FOR THE P. pasieka EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HEARING: November 15, 1990 ~ 2 DEer SLON This is a policy grievance wherein the Union grieves that the Employer has violated article 8.09 (a) of the collective agreement which reads: 8.09 An employee is eligible fl:)r overtime compensation unless he: (a) because of the nature of his position is required to work irregular hours. Such an employee shall, for the purposes of payment, be deemed to be working a minimum of forty (40) hours pier week, and his salary shall be adjust(!d to forty (40) hours on a straight timE! basis. At the commencement of the hearin~J Counsel for the' Employer moved that the proceeding.. be adjourned. This motion was opposed by the Union. The basis for the Employer's motion for adjournment was that another panel of this Board had heard an individual qrievancè and a poliey qrie'~nce between the parties on August 2, 1990 in· which the proper interpretation of article 8.09 (a) wa.s put in issue. The Board's decision was pending at tlle time of this hearinq. Counsel for the Employer submitted that that panel's decision on the meaning of article 8.09 (a) will determine a substantial part of the iSElue in dispute in this grievance. For reasons of eff ic:ient use of the Board's resources and to avoid the po:ssibility of two panels of the Board placing conflicting interpretations I 3 of the provision in question, Counsel urged this panel to adjourn this matter pending the release of ,the previous panel's decision. Counsel for the Union conceded that the interpretation of article 8.09 (a) was put in issue in the prior grievance. However she contended that it was raised there in a different context. Besides, Counsel pointed out that in this case the union was relying on past practice and estoppel arquments which were not raised in the prior case. Having received ful¡ submissions on the motion, the Board orally ruled as follows: Having carefully reviewed the sUbmissions of both counsel, the Board is satisfied that the previous panel will be required to interpret art:Ì,cle 8.09 (a), whatever other issues it may also be called upon to decide. The meaning of article 8.09 (a) is at the heart of this grievance also. Whi le the Union intends to lead evidence of past practice and argue estoppel, before entertaining those issues the Board hearing the present grievance will have to interpret the language in article 8.09 (a). In this matter the primary position taken by both parties is that the meaning of article 8.09 (a) is clear and unambiguous. Therefore, the decision of the previous panel will have considerable bearing, if not fully ,dispose of, this primary dispute between the parties here. In the circumstances, the Board sees merit in the Employer counsel's SUbmissions in support of an adjournment. The Board accordingly adjourns this proceeding pending ~ , 4 the release of the decision by the previous panel of the board. This panel is not seized of this matter. Dated this 28th day of December 1990 at Hamilton, ontario /~e~ N. I::iissanayake Vice-Chairperson cyJá~~~ ¿~I~ . . T. BroWeS-BUq~ Member ' fÄ ~~. 4-/ O. Clark - Me:ml:Jler I I I I I I i ¡