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HomeMy WebLinkAbout1997-1338STAALSTRA98_02_10 ONTARIO EMPLOY~S 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) 326-1388 180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G 1Z8 FACS/MILE/TEL13,COPIE (416) 32(1-139(5 . .. GSB # 1338/97 CUPE 1332-01 #95-07 IN THE MA ITER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN CUPE 1332-01 (Staalstra) Grievor - and - The Crown m RIght of OntarIo (Espanola Ambulance ServIce) Employer BEFORE R. Brown Vice-Charr FOR THE R. Carnovale UNION NatIonal RepresentatIve CanadIan Umon of PublIc Employees Local 1332-01 FOR THE D Robmson, Q C EMPLOYER Counsel Mathews, DInsdale & Clark HEARING February 5, 1998 DECISION ,\ The umon contends Tony Staalstra~s name should have been added In the ~ummer of 1995 to the hst of casual employees at Espanola Ambulance ServIce According to the UnIon, hIS name should have remained on the casual lIst until the ambulance sefVlce was transferred to Espanola General HospItal on December 1, 1997 The parties agree Mr Staalstra reSIgned hIS full-tIme employment WIth Espanola Ambulance ServIce III July of 1995, at WhICh tIme he applIed for casual work. The employer contends he was never hIred on a casual baSIS, whereas the unIOn alleges he was Both the gnevor's reSIgnatIOn as a full-tIme employee and ll1S applIcatIOn for casual employment are contamed In an undated letter receIved by the employer on July 7, 1995 There followed an exchange of correspondence relatmg to penSIons and casual work By letter dated October 16, 1995, the employer adVIsed hIm. "We do not have any casual pOSitIOns at thIS time" Between Mr Staalstra's applIcatIOn for casual work and the employer's rejectIon of tlns apphcatlOn, he worked one ShIft m the latter half of August of 1995 The employer contends thIS work was aSSIgned to Mr Staalstra m exceptIonal CIrcumstances, but no eVIdence was led to support thIS assertIOn The agreed facts show the gnevor perfonned work for the employer m late August after he had tennmated hIS full-time employment and had applIed for casual work. At the tIme tll1S work was perfonned, the gnevor clearly was an employee As he no longer was employed on a full-time baSIS, he must have been a casual employee In other words, by asslgnmg work to the gnevor III August, the employer effectIvely hIred hIm on a casual baSIS . The umon does not seek any compensatIOn for lost wages The only ~~\medy sought IS the addItIon of the gnevor's name to the lIst of casual employees, WIth the semonty flowmg from engagement as a causual employee m . ~ the summer of 1995 The semonty of casual employees IS computed In hours The gnevor IS entItled to convert IllS years of full-time sefVIce mto hours of semonty as a causal employee He worked full-time from November 25, 1995 until July 16, 1995, a penod of9 54 years At the rate of 1840 hours per year, speCIfied by artIcle 12 09(b) of the collectIve agreement, these years of servIce are the eqUIvalent of 17,554 hours If the gnevor's name had appeared on the casual lIst commencmg In mId-August of 1995, he would have worked thereafter approxImately one twelve-hour ShIft every two weeks Accordmgly, between July 16,1995 and December 1, 1997, a penod of 120 weeks, he would have worked 720 hours Based upon both actual full-tIme employment and casual work whIch should have been aSSIgned, the gnevor's semonty as a casual employee as of December 1, 1997 should have been 18,274 hours The gnevance IS allowed. The employer IS dIrected to add the gnevor's name to the lIst of casual employees WIth 18,274 hours of seruonty as of December 1, 1997 RIchard M. Brown, V Ice-Chair Ottawa, Ontano February 10, 1998