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HomeMy WebLinkAbout1992-2701.Dickinson&Segdwick.93-06-30 .__, '~~~_'_ __ _,...__--_...__h_._~__..-.._.___~__:_-.---.--_..___.--".----.-U-.."'--'"'7-----" _.-"_".---.-._.....-__. !..T:-:---______.~ur. -.-.._;-_--:.....-_ ___ ~....._.__h._. ./'"- .tik-....:.;.:-;; ,:L- l::-......_,'"..:t:. ;:. -1"- ,:'-.L~\:;. ,-.::.:-: _ ,;,S ,~. .;,~ _...... .. . .ONTARIO EMPLOYESDELACOURONNE CROWN EMPLOYEES DE L'ONTARIO .11....... . II.. GRIEVANCE CpMMISSION DE ; '. . . SETTLEMENT REGlEMENT '. . BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO, ONTARIO, M5c; lZ8 TELEPHONE/TELEPHONE (476) 326-/388 180, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G U8 FACSIMILE/TELECOpiE (476) 326-7396 2701/92, 2702/92, 2873/92, 2874/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT -- Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Dickinson/Segdwick) Grievor - and - The Crown in Right of ontario (Ministry of Education) Employer BEFORE G Charney Vice-Chairperson FOR THE G Richards GRIEVOR Senior Grievance Officer ontario Public Service Employees Union \ FOR THE A Dods r EMPLOYER Staff Relations Consultant Ministry of Education HEARING June 29, 1993 ) , -- -- ~.. AWARD The Union's position is that based on the fact that the ') grievors, that are a plumber and an electrician, have had the same schedules, 7:00 a m to 3 - 30 pm, for some 15 years, that the Employer is not entitled to change their schedules without agreement of the Union Their schedules have been changed to a-oo a.m. to 4:30 p in The Union argues that the Employer is now estopped from changing their schedule~ because a representation was made to the Union over a period of 15 years and reasonably assumed by the bargaining unit that the hours of the electrician and plumber wouid not be changed The Union relied on that There wap detriment by not raising the matter in collective bargaining The Employer regularly changes schedules of other people in the bargaining unit and the local unit It is the view of the Board that the Union's reliance on not changing schedules on a position by position basis is not the sort of detrimental reliance that is thought of when' an estoppel arises It might have been different if the Employer had never changed anyone's schedule in the bargaining unit or the local unit -=-----~-- -- -- - -~ --' ,to For the Union to try to assert that they would have successfully negotiated no shift changes for crafts people is reaching and in my view no estoppel exi$ts The second grievance is byMr Dickinson that the Employer violated the Collective Agreement in assigning him to lock up the I school I I The Union'~ position is that this action by the Employer is unreasonable and though not necessarily a violation of the Collective Agreement, is_ grievable , The Employer's position is that the changing of the schedule was triggered not only by the lock up, which was part of it perhaps, but the retirement of a maintenanc,e person and, as a result the crafts people were required after the students left In any event, the arbitration Board is not entitled to second guess the Employer on whether it requires the plumber and the electrician after the students leave or not Nor is it, in my view, the right of the Board to question whom the Employer assigns to do the lock up This action by the Employer falls far short of any conceivable I assertion by the Union that the Employer's behaviour is arbitrary and/or dangerous Similarly, Mr. S3dgewick's final grievance, grieving the change of hours is dismissed on the same basis, namely that.. the Employer is entitled to change hours in the way that it has, -----~ -- ~----_._- .." -., .. especially when considering that some 15 years ago, sedgewick's hours were 8-00 a m to 4 30 P m and they were changed by the Employer to 7:00 a m to 3 30 p.m "- In result then, all of the grievances are dismissed DATED at Toronto this 30th day of June, 1993 .~ /??t ~/ Gerald J_ Charney, Vice-Chairperson -, , /-