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HomeMy WebLinkAbout1992-2953.Peters.93-08-03 -~- _c"__~___.-...--~ _____ _____~ - _. . . ---- _.. -- - _--.....'~,--~ ._~--,-,_.....I"'-"."---'--"""""-'----_.."--'..~--,_.-,.-" ONTARIO EMPLOYES DE LA COURONNE :s; -'" CROWN EMPLOYEES DE L'ON TA RIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT . REGlEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO. M5G IZ8 TELEPHONE/TELEPHONE (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G 128 FACSIMILE'TELE-COPIE (476) 326-1396 2953/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Peters) Grievor -and - The Crown in Right of ontario (Ministry of Correctional Services) Employer BEFORE J. Devlin Vice~Chairperson FOR THE K Lawrence GRIEVOR Grievance Officer ontario Public Service Employees Union FOR THE 'M Mously EMPLOYER Grievance Negotiations Officer Ministry of Correctional Services HEARING July 19, ~993 r -_._--- - - -----~ --- -- -- - -...-- _..~ ~~-- , . -----..--- -.-. --- ---.-.-.-. -~_....:.- -~---.._.-'~-~..:.... .......~--------"- -----~---=---- I I ;<? <!::i 1 The Grievor is a Correctional Officer at the Windsor Jail On September 22, 1992, she was scheduled to work from 7 00 P m. to 7 00 a m and was assigned to single escort duty at the hospital In other words, she was assigned alone to supervise a low risk inmate who had been admitted to hospital. The Grievor arrived at the hospital at 7:30 p.m. and was not relieved for a period of approximately 6 hours which the union claims was improper. Although the Union initially suggested that Employer's - failure to relieve the Grievor until approximately 1:30 a m. was inconsistent with its past practice of providing relief to Correctional Officers on single escort duty after 4 hours, the I Employer took the position that its practice is to provide relief at the mid-point of the shift. In this regard, the Employer explained that prior to 1990, all Correctional Officers worked 8 I hour shifts and, as a result, relief was provided after 4 hours. In 1990~ however, the parties agreed upon a compress~d work week which involves Officers rotating through 8 hour, 10 hour and 12 hour shifts. Accordingly, in/circumstances where a Correctional Officer on single escort duty works a 12 hour shift, it is the Employer's practice to provide relief after 6 hours (where a request for relief is made at the outset of the assignment) In any event, the Employer further indicated that where staffing ) --~-- --_.~------'----""---:-"":"'--._.~.~------'---~._-------'~------~_.-;---'"~-_.~-~--""._-----,---~ -,- -- --_.~- -_.~------._._-- ~-_.~-_...- \ .1.-; ",.. 2 levels permit, relief may pe provided after shorter periods of time. While there was some dispute between the parties concerning the extent to which the Employer continues to provide relief after 4 hours rather than 6 hours where Correctional Officers work 12 hour shifts, in my view" the Employer's past practice cannot support the Grievor's claim in this case. Moreover, although the collective agreement provides that the present practice with respect to rest periods shall be maintained (as does the agreement implementing the compressed work week), l cannot conclude that this necessarily requires the Employer to - prQvide relief to Correctional Officers on single escort duty after 4 hours, given that the parties agreed to extend the length of some shifts from 8 to 10 or 12 hours. Nevertheless, in my view, this provision must be interpreted to require that the Employer provide rest periods lat reasonable intervals during the shift. Accord-ingly, I find that to require a Correctional ( Officer on single escort duty at the hospital to work for 6 hours without a rest period is excessive. This is particularly so where it is not clear that adequate arrangements have been made to provide the Offic~r with an opportunity to use a washroom other than the one located in the hospital room. To this extent, therefore, the grievance is allowed Apart from the requirement to providEf'~rest peridds or meals - ---------------------~-~-..---.---;--- _.,,-~-- ~--~-_._- -- ---" ,- .~-- -- ---- ~---.~- ......,........--~ -.~'-----"--~~--..~ ~, r.a 3 breaks, however, there is no provision which would entitle the Grievor to ipsist tha~ she be relieved of a hospital assignment after a specified number of hours. Nevertheless, I encourage the \ parties to continue their discussions with the respect 'to the provision of relief for Correctional Officers on single escort duty at the hospital with a view to resolving this issue in manner acceptable to both parties. I shall re~ain seised for purposes of implementation of this award DATED AT TORONTO, this 3rd day of August t 1993. - ~a....'2 ~ ~ Vice chairperson I I ~ \....