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HomeMy WebLinkAbout1992-3540.Bowes.93-08-03 ---~------------~--~-----------~~- ---------- ~ ~- -- - -_.........~. -~---~.>- -----......-~-----~-~_..'"-----~- !'; ONTARIO EMPLOYES DE LA COURONNE ~. CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE 1111 SETTLEMENT , REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO, ONTARIO, M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITELECOPIE (416) 326~ 1396 3540/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN "- OPSEU (Bowes) Grievor - and - The Crown in Right of ontario (Ministry of Correctional services) Employer - BEFORE J. Devlin Vice-Chairperson FOR THE D. Liu GRIEVOR Grievance Officer ontario Public Service Employees Union FOR THE M Mously EMPLOYER Grievance Negotiations Officer Ministry of Correctional Services I HEARING July 19, 1993 1 I .1 -~--- ~._~ .._~---~ -----..........- ----,--.- ._-_._--~- ;-- -~ -------- -~~.- ._.~~~-~-------~~- ---- ~ ,~ "'" ~ 1 In this case-, it is alleged that the Employer improperly altered the Grievor's work schedule with the result that he was deprived of the premium pay which he would hc;we received for working on a paid holiday The Grievor is employed as a classified Correctional Officer at the Perth Jail At that location; when the Correctional Officer scheduled to work on Friday from 10.00 a.m. to 10 00 p.m. books off for that shift, it is the policy of the Employer to call in a casual Correctional Officer provided that - are 5 or more inmates serving intermittent sentences (referred to at the hearing as "intermittent inmates") to be admitted to the institution that evening. In this case, the Grievor was initially scheduled to work from 10:00 a.m. to 10:00 p.m. on Friday, January 1; 1993 but was subsequently advised that his schedule had been changed and " that he would no longer be required to work that day When the Grievor questioned management concerning the necessity to admit intermittent inmates on January 1st, he was advised that the Employer intended to grant passes to such inmates as a result of which they would not be admitted to the institution. In fact, sometime subsequent to January 1st, the Grievor discovered that 5 inmates had, in fact, been admitted to the institution between ----- I ._--~-.__._- ~ ------~--_._-...-~~-~-~-'-:----:-----~~---_.~-~---,.-...._----..~.-'-"---:.-__.- - ._~--- ~~ ---'-----~-- ---- '_ I " S' 2 6'30 p.m. and 8:30 p.m. on Janua:r:-y 1st At the hearing, the \ Employer indicated that due to unforeseen circumstances, passes were not granted to these inmates as had initially been intended. In any event, the Grievor claimed that he ought to have been permitted to work from 10:00 a.m. to 10:00 p.m. on January 1, 1993 as previously scheduled. The Employer's policy in this case addresses the circumstances in which .~ casual Correctional Officer will be called in to replace the Officer who is scheduled to work from 10:00 a.m to 10:00 p.m. on Friday when that Officer books off for the shift The issue in this case, however, is not whether - the Employer ought to have called in a casual Correctional Officer on January 1st but rather whether the Grievor ought to have been assigned to work from 10:00 a.m. to 10:00 p.m. that day In my view, there is nothing in the Employer's policy which would entitle the Grievor to insist that he be scheduled to work on Friday or which would require the Employer to schedule him on a paid holiday. Moreover, there is nothing in the collective agreement which prohibits management from requiring an employee to take the day off on a paid holiday, even if the employee was previously scheduled to work that day: see Birse G.S.B. #338/83 & 339/83. ), ~ ---'---~'~---'-----~._--~-,--------------'-._-~------~------~---.-----._- -----. -- ---~-----,------- --~---- ...........- -- -~_._._-- / .J<! ., ~ 3 In the result, the grievance is dismissed. DATED AT TORONTO, this 3rd day of August, 1993. ~ ~J).. '<' ~ vice Chairperson - - I