HomeMy WebLinkAbout1997-0342.Group Grievance.00-07-25 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L "()NTARW
GRIEVANCE COMMISSION DE
. . SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 342/97
OPSEU # 97B538
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Emplovees Umon
(Group Gnevance)
GIievor
- and -
The Crown m RIght of Ontano
(Mimsm of Health)
Employer
BEFORE Bam B Fisher V Ice ChaIr
FOR THE Andrew Pmto
GRIEVOR Bamster & SolICItor
FOR THE Fateh SalIm
EMPLOYER Counsel
Legal SerVIces Branch
Management Board Secretanat
HEARING Juh 18, 2000
2
Award
ThIS group gnevance relates to a number of mamtenance employees at the
St. Thomas PsychIatnc HospItal who are claImmg stand by pay
Just pnor to the 1996 OPS strike the gnevors were provIded wIth mdIvIdual
letters from the AssIstant AdmmIstrator Support ServIces of the HospItal
advIsmg them that they had been desIgnated as Emergency ServIces workers
m accordance wIth EssentIal ServIces Agreement negotiated between the
partIes
The letter contamed the followmg statements
Durzng any work stoppage, if your manager determznes that there IS an
emergency sltuatlOn for whIch you are requzred to report to work, you wIll
be contacted wIth detmls of when and where to report to perform the
emergency servIces work. You are legally requzred to report for work when
you are contacted, and to perform the emergency servIces work assIgned to
you.
As an emergency worker, you wIll be covered by the prOVISlOns of the most
recent collectIve agreement on the day(~) you perform the emergency
servIce Your rate of pay and benefits for these day(') wIll remazn
unchanged. You wIll be entItled to any premIum payments applzcable to the
work you perform.
In fact the gnevors were not called upon to work at all dunng the strike
However they feel that smce they had to keep themselves ready, willmg and
able to report to work at a moments notIce, that they should receIve stand by
pay m accordance wIth ArtIcle TEC 10 of the 1994-1998 CollectIve
Agreement.
However on June 28,1996 VIce Chair Roberts of the Gnevance Settlement
Board m decIsIOn 626/96 mcorporated a comprehensIve settlement of
numerous matters ansmg from the strike and return to work Issues
Paragraph 6 of that award reads as follows
All grzevances requestzng premIum payments for anyone desIgnated as an
emergency worker are hereby wIthdrawn, except where an authorzzed
3
representatlve Of the employer made a commltment to make premlum
payments
There IS no dIspute that these gnevors are covered by thIS master settlement
and award. The only provIsIOn III the letter that could constItute " a
commItment to make premIUm payments" would be the sentence "You will
be entItled to any premIUm payments applIcable to the work you perform."
However that was a commItment to pay premIUm payments If and only If
emergency work was actually performed. No such work was performed III
thIS case
There IS clear therefore that thIS gnevance IS covered by the Roberts award
and has already been wIthdrawn.
The gnevance IS therefore dIsmIssed.
Dated at Toronto thIS 25th day of July 2000
Barry B FIsher, VIce Chair