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HomeMy WebLinkAbout1995-1926.White et al.01-04-17 Decision ~ M~ om~, EMPLOYES DE L4 cOURONNE ~ ~(;::~:]~E~E DE L ONTARIO ~~~ SETTLEMENT COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 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 FACSIMILElTELECOPIE. (416) 326-1396 GSB#1926/95 1327/96 OPSEU#95E638 95E639 95E640 96G064 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BElWEEN Ontario Public Service Employees Union (White et aI., Group Grievance) Grievor -and- The Crown in Right of Ontario (Ministry of Natural Resources) Emplover BEFORE Lorretta Mikus Vice-Chair FOR THE Cameron Walker GRIEVOR Grievance Officier Ontario Public Service Employees Union FOR THE Lori Aselstine EMPLOYER Corporate Advisory Services Section Ministry of Natural Resources HEARING May 31 1999 DECISION WhIte et al -GSB # 1926/95 and Alton et al -GSB # 1327/96 The Gnevors are unclassIfied employees who were hIred as members of the MNR fire crews. They have gneved the Employer:s deCISIon to force them to take theIr scheduled days off and call ill non-MNR crews illstead of allowmg them to work the shIfts and be paid overtIme. As unclassIfied employees the gnevors are not govemed by the same overtIme proVIsIons of the collectIve agreement that govem classIfied employees. In any event, the Employer has the nght to determille how It will schedule overtIme so long as the schedulillg IS conSIstent WIth the terms of the collectIve agreement and It IS done ill a manner that IS not unreasonable or ill bad faIth. In the illStant case, It was not unreasonable for the Employer to schedule the overtIme hours ill a manner that would aVOId unnecessary overtIme payments. There was no suggeSTIon that the Employer had any ultenor mOTIves for Its deCISIon and therefore It cannot be Said that It was made ill bad faith. For these reasons the gnevances are derued. Dated at Toronto, thIs 17th day of April, 2001 Loretta Mikus, Vice-Chair 2