HomeMy WebLinkAbout2016-2705 Huggins.17-05-26 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2016-2705, 2016-2706, 2016-2707
UNION#2017-0229-0002, 2017-0229-0003, 2017-0229-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Huggins) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING May 25, 2017
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that the Vice Chair of the Board, based on
the evidence provided during the mediation session, will immediately decide the
grievance. The decision will be with no or minimal reasons, be without precedent
and prejudice and will be issued within fifteen working days of the mediation unless
the parties agree otherwise.
[2] On May 25, 2017 the parties at the Ontario Correctional Institute (“OCI”) agreed
to participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated protocol.
[3] These individual grievances are all identical. They assert the Employer has
violated the collective agreement by applying a system of scheduling of the Nurses
in the Health Care Unit of OCI which is “different, non-transparent, and non-
compliant with the spirit and framework of the established provincial protocol of
HPRO.” HPRO is a computerized scheduling system. The Nurses are currently
scheduled manually. The grievances seek an order directing the Employer to
implement the “provincial standard HPRO system”, a comprehensive review of all
lost wages due to unfair distribution of overtime and statutory holidays, and an order
for payment of wages found owing as a result.
[4] The collective agreement permits the parties to enter into agreements with
respect to local overtime distribution. On February 12, 2014 the Employer and the
Union entered into an agreement to utilize the “Ministry of Community Safety and
Correctional Services Provincial Overtime Protocol” (the “Protocol”) for the OCI
Health Care Services. The Employer points out that the Protocol does not
specifically reference HPRO. This is correct. However, the Protocol refers to a
“computerized overtime tracking system” and further provides that to ensure
transparency employees will have access to a “daily overtime distribution report”,
containing certain specified information, and a “daily deviation report”. The manual
system used by the Employer does not meet these requirements. Accordingly it is in
breach of the collective agreement.
[5] The grievances are allowed. The Employer is ordered to implement a
computerized overtime tracking system which meets all the criteria set out in the
Protocol within 20 days of the date of this decision. There is no specific allegation of
loss of overtime or statutory holiday opportunities, let alone any evidence to suggest
this was the case. I see no basis basis for ordering the review requested or
awarding any damages.
Dated at Toronto, Ontario this 26th day of May 2017.
Ian Anderson, Vice-Chair