HomeMy WebLinkAbout1997-1317WELCH_ET_AL98_03_2
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 800, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 32~-1388
180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) MSG 1Z8 FACS/MILE/TELECOPIE (416) 32~-139(5
GSB # 1317/97, 1322/97, 1324/97, 1325/97, 1330/97
CUPE 2412 # JC96-01, PF8701, 8702, SR005-6, HS004
IN THE MATTER OF AN ARBTTRA TION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
CUPE 2412 (Welch/MacDonald/DavIdson)
Grievor
- and -
The Crown In RIght of OntarIo
(Sudbury & DistrIct Ambulance Service)
Employer
BEFORE R. Brown Vice-Chair
FOR THE R. Camovale
UNION NatIOnal Representative
Canadian Umon of Pub he Employees
Local 2412
FOR THE D RobInson, Q C
EMPLOYER Counsel
Mathews, DInsdale & Clark
HEARING March 25, 1998
DECISION
This decIsIOn IS based upon fonnal submIssIOns of the partIes and mfonnal
dIscussIOns wIth them The employer IS dIrected to remstate Brent MacDonald
and Bruce Welch as regular part-hme employees As compensatIOn for lost
wages, the employer shall pay Mr MacDonald $1,00000 and Mr Welch
$2,000 00 In future, the schedulmg of part-time employees shall be governed by
the tenns found m the attached mmutes of settlement WhICh were approved by
representatIves of the parties but not ratified by the umon membershIp
I~~~ /
f
Richard M. Brown, VIce-ChaIr
Ottawa, Ontano
March 27, 1998
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MINUTES OF SETTLEMENT
BETWEEN
CUPE 2412
heremafter referred to as the "Umon"
- and -
The Crown in Right of OntarIo
(Sudbury and DIstrict Ambulance ServIce)
heremafter referred to as the "Employer"
Terms of Settlement:
1 The partIes herem agree to the terms of thIS Memorandum as constItutmg
full settlement of the followmg gnevances before the Ontano Crown
Employees Gnevance Settlement Board
1317 Bruce Welch
1322 Brent MacDonald
1324 Bruce Welch
1325 DanIel DaVIdson
1330 Darnel DaVIdson
and regular part-tIme work assIgnments and related leaves of absence
2 The underSIgned representatIves of the partIes do hereby agree to
recommend complete acceptance of all the terms of thIS Memorandum to
theIr respectIve pnncIpals
3 All regular part-tIme employees will be responsible for adVIsmg the
employer m wntmg forty-five (45) calendar days before the postmg of the
work schedule of the days they are not available to work
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4 Regular part-tIme employees WIll be responsible to make themselves
available for not less than seven (7) days work m each pay penod,
however, thIS IS not a guarantee of work It IS also agreed that regular part-
tIme employees WIll submIt theIr non-availabIlIty requests for the pen ods
of June, July and August by April 30t\ m any gIVen year
5 Regular part-tIme employees WIll not be scheduled or subject to call-m on
days that they are not aVailable to work except m emergency SItuatIons
where resources are overwhelmed. Examples of emergency SItuatIOns are
dIsasters and major mCldents
6 All regular part-tIme employees who have mdlcated theIr availabilIty and
whether or not they have been scheduled to work wIll be subject to call-m
and those who fad to respond m accordance WIth the employer polIcy and
the terms of the CollectIve Agreement will be subject to the followmg
terms,
For Shift Requirmg Replacement Withm 12 Hours of Start Time
(a) The manager/supervIsor WIll endeavour to call the regular part-tllne
employee WIth the lowest hours scheduled for the pay penod.
(b) The manager/supefYlsor will only call the home number and/or the
pager/cellular number per regular part-tune employee
(c) FIfteen (15) mmutes will be allowed for the regular part-tIme
employee to return the call to the number left on the pager or
answenng machme or cellular phone
(d) If the callIS not returned wIthm fifteen [15] mmutes, the hours that
would have been worked WIll be added to the employee's total hours
on the work schedule
(e) If the non-avaIlabilIty IS due to illness and a doctor's note IS
submItted, the hours will not be added as hours worked
(f) Three (3) not avaIlable m a pay penod will result m a letter of notIce
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mdIcatmg lus/her lack of commItment to be aVaJ lable on an as
reqUIred baSIS
(g) The second three (3) not avaIlables m a ten [10] month penod will
result m dISCIplInary actIon up to and mcludmg tennmatIOn
7 Equal dIstributIOn of hours for schedulmg and call-m WIth calculatIons
based upon the precedmg two (2) pay penods and the estabhshed method
of work equalIzatIOn as follows
(a) CalculatIon to be on a daily baSIS each pay penod
(b) CalculatIon IS based upon hours worked plus hours refused and no
response to call-m
(c) OvertIme hours and trammg hours are not used m the calculatIon
(d) Subject to ArtIcle 29 08 vacatIOn blocks will be offered to regular
part-tIme employees on a rotatIOn baSIS
(e) All regular part-tIme employees who commIt to more than ten (l0)
full days of availabihty wIll have equal dIstributIon of hours
8 The partIes agree that tlus operatIOnal schedule for regular part-tIme
employees will commence April 6th) 1998
9 The partIes agree that any problems ansmg out of the mterpretatIOn or the
ImplementatIon of these Mmutes of Settlement will be submItted to the
Jomt ConsultatIOn CommIttee under ArtIcle 27 01 for resolutIOn
10 Subject to exceptIOns stated herem, all aspects of the CollectIve Agreement
remam m effect
11 ArbItrator RIchard Brown will rem am seIzed of tlus matter and WIll deCIde
the gnevance Issues concernmg employees Bruce Welch, Brent
MacDonald
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