HomeMy WebLinkAbout2014-1007.Scott-Wing.16-11-16 Decision
Crown 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#2014-1007
UNION#2014-0290-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Scott-Wing) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 4, 2016
- 2 -
Decision
[1] In a June 11, 2013 Memorandum of Agreement the parties agreed to continue
the practice of local med/arb sessions throughout the Ministry of Child and Youth
Services. In accordance with this Memorandum of Agreement, the parties held a
med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number
of grievances were addressed from this and other Child and Youth facilities.
Some of the outstanding grievances were resolved but a few including this matter
remained in dispute and therefore require a short decision which is without
prejudice or precedent.
[2] Ms. Sandra Scott-Wing was a fixed term Youth Service Officer who filed a
grievance in April of 2014 shortly after fixed term employee hours were posted
for the purposes of roll-over opportunities.
[3] The grievance contended that the Employer violated articles two and nine, all
other policies, procedures and legislation as well as COR - Appendix 19. By way
of remedy she asked for “full redress (CWS averaged while off on WSIB).
[4] In her Appendix B – summary of facts for the med/arb process – there was
reference to hours being lost due to a WSIB injury. She claimed that this failure
to count these sick days caused her to miss being rolled over into classified
status.
[5] At the med/arb session the grievor raised a number of completely unrelated
allegations (including the Employer’s negligence that resulted in her injuring
herself at work in 2012) that occurred long before the filing of the grievance and
many months after. Other allegations included – but were not limited to - a toxic
work environment, a premature return to work from WSIB and a failure to
accommodate.
[6] Regarding the calculation of the grievor’s hours for the purposes of roll-over the
Union submitted that the Employer failed to utilize the proper formula in this
regard as set out on page 3 of Re Ministry of Public Safety and Security &
OPSEU – Union Grievance GSB#2095/02 (July 17, 2003) Briggs.
[7] The Employer conceded that it did not utilize the above formula and that the
formula it followed was wrong. However, it was noted that the formula used
actually put the grievor in a more favourable position regarding her hours.
Documentation was provided in this regard.
- 3 -
[8] After consideration of the matter that is properly before this Board, I am of the
view that the Employer improperly calculated the grievor’s hours while absent
due to WSIB as a fixed term employee. I so declare.
[9] Because the grievor was given more hours than she would have been entitled to
and was rolled over into a full time classified position in April of 2015 on the basis
of those incorrectly calculated hours I do not order the calculation to be re-done.
[10] To that extent, the grievance is upheld.
Dated at Toronto, Ontario this 16th day of November 2016.
Felicity D. Briggs, Vice Chair