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HomeMy WebLinkAbout1994-0871.Carvalho.00-03-14 Order o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L 'ONTARW . . GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONE/TELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB # 0871/94 1461/98,0945/99 OPSEU # 94D990-3 99BOOl 99B820 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc Service Employees Umon (Carvalho Balon, Casld, et a1) Grievor - and - The Crown m RIght of Ontano (Mimstn of Attome, General) Employer BEFORE Randl H. Abramsk.") Vice ChaIr FOR THE Peggy Snnth GRIEVOR Counsel Ehot, Snnth Bamsters & Sohcltors FOR THE Stephen Patterson EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING March 10 2000 CONSENT ORDER The partIes have agreed to the followmg terms on consent: 1 The umon and the employees shall wIthdraw the above gnevances. For greater partIculanty attached as Appendix 1 IS a hst of the gnevors. 2 The parties agree that the polIcy attached at Appendix 2, shall be Issued by the employer The polIcy shall be the subject of commumcatlons at the meetlng of the MERC scheduled for April 17 2000 Followmg that meetlng the employer shall cIrculate the pohcy to all management Wltilln the relevant facihtles and the pohcy shall be Implemented effectlve May 1 2000 The parties acknowledge that the conSIstent applIcatlon of thIS pohcy throughout the Court ServIces DIVIsIon IS Important. 3 The terms of thIS agreement shall be Issued as a consent order by Ms. Abramsky 4 The partIes shall execute a companIOn agreement to tills consent order whIch shall not be Issued as a consent order and whIch shall deal WIth all matters of compensatlon ansmg out of these gnevances. 5 Ms. Abramsky shall remam seIzed of the gnevances m the event that may matters arIse from the Implementatlon of tills agreement. Dated at Toronto, the 14th day of March, 2000 fI t4hY2-ntEl(j RandI H. AbraIllsky Vice-Chair APPENDIX 1 LIst of Gnevors. BRANTFORD P Carvalho C Vanexem N Hudacm A. Cmmmak I. Cvet D Ryder P Loughhn J Dowless J Stockley P Webster D Lecompte D MacNeil ST CATHERINES M. Hollmgsworth H. Marceau M. Inman T Beadle P Ort Laverty (Estate) C Bolan K. Dolan KINGSTON M. CassIdy J Mullen B Newell A. Newell C Pettus T Archer D Knapp APPENDIX 2 REPORTING PAY a) Where an unclassIfied court staff (Court Reporter Court Room Clerk, Court RegIstrar Courtroom Clerk/Momtor and Court ServIce Officer the "Staff" or the "Employee") reports for work at ms or her scheduled reportmg TIme and It IS subsequently determmed by management that there IS no work available, as an employee m a Court proceedmg, the employee shall receIve two (2) hours reportmg pay pursuant to the terms of the colleCTIve agreement, and shall be free to leave the workplace. SET UP AND CLOSE DOWN TIME FOR COURT SUPPORT STAFF b) UnclassIfied Court staff (as defined above) will be paid for 15 mmutes to set up the court and 15 mmutes to close down the court. If more tIme IS reqUIred based on operaTIonal needs It will be allocated at the dIscretIOn of the local Manager or SupervIsor of Court OperaTIons. The Manager or SupervIsor shall act reasonably m exercIsmg theIr discretIOn. AppendIx A IS not mtended to be an exhaUSTIve hst but rather an IllustratIve hst only of the cntena to be used by a Manager or SupervIsor of Court OperaTIons m exercIsmg tills discreTIon. DOWN TIME DURING THE COURT DAY c) Dunng down TIme, the penod of TIme between court sIttmgs, excludmg a maxImum of one hour for lunch and for normal before and after court work, staff (as defined above) shall be responsible for advIsmg theIr respecTIve Manager or SupervIsor of Court OperatIons (the "Manager") of theIr status. Where work IS available, wmch IS not work as an employee m a Court proceeding, the manager shall offer the work to the employee The employee may refuse the work. If there IS no work, wmch IS not work as an employee m a Court proceeding, or where the employee refuses the assIgnment the employee shall be responsibihty free and shall not be paid until such TIme as the court to wmch they are assIgned reconvenes. On the employee's return to work the employee shall be guaranteed a mImmum of two hours of work, as an employee m a Court proceedmg, or pay m heu thereof. Where work IS aVailable dunng the down tIme, wmch IS work as an employee m a Court proceedmg, the manager shall assIgn the employee to the work and the employee shall not have the nght to refuse the assIgnment. The pohcy on down tIme shall not apply to court staff workmg at a satellIte court away from theIr base court. APPENDIX A (lllustraTIve hst to assIst a Manager or SupervIsor of Court OperaTIons m exercIsmg theIr discreTIon m extending the set-up and close down TIme for court support staff, beyond 15 mmutes) Tills hst IS not au exhaUSTIve hst but a gUIdehne. SItuaTIons/needs may vary from court to court. . Where an mdiVldual court support staff IS fulfilhng a dual functlon (e.g. clerk/momtor) and needs more TIme to complete the tasks for both funCTIons. . Where there may be a large number of exhibIts or bulky exhibIts to be set up or removed. . SatellIte court operatIons. (Takmg travel to and from the courts mto consIderaTIon) . Set up of addiTIonal eqUIpment reqUIred. . Courtroom IS m another bUIlding from the base court locaTIon. . Reportlng faulty eqUIpment and repmr of eqUIpment or other problems. . Above-average caseload and amount of paperwork (e g. MultIple accused persons, mulTIple charges resulTIng m mcreased post court data entry and cross referencmg.) . Jury assembly Gury set-up sequestenng, etc )