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HomeMy WebLinkAbout1992-1136.Andrews,Forget et al.93-01-07 ^~ \ " 15 ONTARIO EMPLOYES DE LA COURONNE ., CROWN EMPLOYEES DEL 'ONTARIO ~ 1111 GRIEVANCE COMMISSION DE " . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100. TORONTO, ONTARIO, M5G IZ8 TELEPHONE/TELEPHONE (476) 326-1388 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) MSG IZ8 FACSIMILE /TELECOPIE (476) 326-1396 1136/92, 1161/92, 1309/92, 1648/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Andrews/Forget et al.) Grievors - and - The Crown in Right of ontario (Ministry of Health) Employer Before: J.H. Devlin, vice Chairperson For the Grievors. J. Storey Grievance Officer Ontario pUblic Service Employees Union For the Employer: Percival Toop Staff Relations Officer Management Board Secretariat Hearing: December 16, 1992 ,. , --- - ~ - ~ ---~------_.__.- - ~ ~ . ~ 1 The Grievors, who are classified as Air Ambulance Officers, advance a number of claims arising from a change in their permanent headquarters from the Buttonville Airport to the Toronto Island Airport. Travelling to the Island Airport involves a 5 minute ferry ride which is provided at no cost to employees. In view of the requirement to travel by public carrier, the Union contended that the Grievors are entitled to credit for travel time in accordance with article 23.2 of the collective agreement. This article provides that when travel is by public carrier, time will be credited from one hour before the scheduled time of departure until one hour after the arrival of the ,carrier at its destination. In my view, however, this provision is not intended to provide credit for travelling to and from work in the normal course which is the essence of the claim in this case. I am also not persuaded that the Employer is required to pay the cost of transporting the Grievors' vehicles by ferry to the Island Airport simply because parking was previously provided at the Buttonville Airport. As I understand it, parking is also provided at the Island Airport but employees are charged $50.00 per month to transport their vehicles to and from the Island by ferry. Alternatively, employees who choose to drive may park their vehicles in a public lot downtown at a cost of \1 \~ - ;~ l 2 $42 80 per month The lot is located approximately 4 blocks from the ferry dock. In this case, the Union did not point to any provision of the collective agreement which would require the Employer to pay either the cost of transporting vehicles by ferry or the cost of parking in the vicinity of the dock In these circumstances, the fact that parking was previously provided is not sufficient to support the Union's claim, nor did the Union establish the elements necessary to support an estoppel. Moreover, the parking lot which is in the vicinity of the dock is not under the control of the Employer and, accorqingly, I cannot conclude that the Grievors are exposed to risks either in the parking lot or in walking to the dock which could amount to a violation of the health and safety provisions contained in article 18. Accordingly, the grievances are hereby dismissed. DATED AT TORONTO, this 7th day of January, 1993. S~~ ~l- Vice Chairperson 0