HomeMy WebLinkAbout1997-1514UNION99_05_07
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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 tZ8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPIE (416) 326-1396
GSB # 1514/97
OPSEU # 97F022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
...
THE GRlEV ANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon GrIevance)
Union
- and -
The Crown In Right of Ontano
(Port Colborne Ambulance/Rural/Metro Ontano)
Employer
BEFORE DanIel A. Hams V Ice-Charr
FOR THE Andrew M Pmto
UNION Counsel
FOR THE Knstm R, Taylor
EMPLOYER Counsel, Fraser MIlner
Bamsters & SolICItors
HEARING Apn127,1999
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i
AWARD
ThIs matter mvolves the approprIate pay rate for ambulance attendants m Port Colbome,
OntarIO who have advanced lIfe support skIlls The Employer IS the Crown m RIght of
OntarIo (Port Colbome AmbulancelRurallMetro OntarIo) ThIs IS a Uillon grIevance filed
by the bargammg agent, the OntarIo PublIc ServIce Employees Uillon (OPSEU)
The grIevance makes two claIms FIrst, the Umon said that the Employer failed to pay
mterest to employees on a retroactIve wage award. Mr Burkett delIvered that award on
December 12 1996 The Umon Said that the perIod for whIch mterest was owmg was
from May 31 1991 to 1996 Second, the umon saId that the entItlement of these
employees to retroactIve wages extended back to 1988
At the outset of the hearIng the Employer submItted that the first Issue advanced by the
Uillon had been determmed by thIS Board m OPSEU and Halton - MIssIssauga
Ambulance Service Ltd., GSB FIle No 1370/97 unreported decIsIOn, November 18 1998
(K. .Petryshen) The Uillon conSIdered the matter and m VIew of the decIsIOn m Blake et
al and the Amalgamated TranSIt Unzon and the Toronto Area Transit Operatzng
Authorztv GSB FIle No 1276/87 etc, unreported decIsIOn, January 22,1988 (0 ShIme),
the Uillon wIthdrew ItS first claIm. There was no doubt but that the Uillon's first claim
was on all fours wIth the case before Mr Petryshen
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The second claIm advanced by the Umon reqUIres an appreCIatIon of the bargaimng
framework between the partIes ThIS employer IS a member of a group of employers that
partIcIpate m central bargammg As a result of those central negotiatIOns the collectIve
agreement under whIch the gnevance was filed contams the followmg prOVISIons relatmg
to retroactIve wage mcreases for employees wIth advanced LIfe Support capabIlItIes
3 ADVANCED LIFE SUPPORT
'"
1 It IS understood by the parties that thiS ArtIcle constItutes settlement of the Advance
Life Support artIcle negotiated In all prevIous central negotiations (1991 1992, 1993 1994)
and as contInued in the IndiVIdual collectIve agreements.
2. If, during the life of the Agreement, the allowances and entitlements for
employees concerning Advanced Life Support (ALS) are increased or improved for
Amhulance Officers in the Public Service, the same allowances and entitlements shall
apply to employees under this Agreement on the same date. For clarification, in no
event shall there be such retroactivity prior to the following dates
a. May 31, 1991 in the case of collective agreements for the original
participating Ambulance Services (including Wasaga Beach) in the 1991
round of central negotiations, (emphasis added)
b January 1, 1992 m the case of collective agreements for Bancroft, LeWIS,
Parham, Seaforth-Clmton, and Temagaml
c January 1 1992 or date of UnIon certIficatIon, whichever IS later ill the case of
the collectIve agreements for Chatham, Lmdsay, South RIver-Machar
Amherstberg (AAM) and NoelvIlJe (Cosby-Mason)
d. January 1,1994 m the case ofcollectrve agreements for Beaverton (part-trme),
Bolton, CIty (part-tIme), Hoffman, North Le-.:ds, Petroha, St. Lawrence,
Wallaceburg and West Lincoln.
3 In further clarification, it is understood that the Article 5.8 salary arbitration
decision or settlement covering ambulance officers (Paramedics) in the OPS will also
apply to employees covered by this Agreement. It IS understood that thIS c1anficatron IS
a claSSIfication matter pursuant to Section 48(4) of the Social Contract Act. It IS understood
~ that thiS will result In the renaming of classificatIOns covered by thIS Agreement from
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Ambulance Officer/ Attendant or ParamedIc to ParamedIc 1 or ParamedIc 2, as appropnate
It is understood that thIS ArtIcle will not affect the wage rate of the dIspatch classIficatIon.
4 It IS understood that the full paramedic emplovees of SuperIor Ambulance will receIve
panty With the ParamediC 2 (land) rate (or the current rate of pav, $20.33 per hour whichever
IS greater) and all other emplovees Will receive panty with Paramedic 1
5 The panty prOVIsIon m tl1lS ArtIcle will be Implemented wlthm sixty davs of the
release of the Article 5 8 award.
6 It IS further understood that the placement of the part-time rate wtll be at the start rate
of the new full tIme hourly wage for Paramedic 1, Paramedic 2 or Transfer Vehicle Rate (as
appropnate) With the ongomg exceptIOn of part-time employees of the Owen Sound
Ambulance Service, who remam at full panty With full timers,
7 It IS understood that retroactivIty If any will be paid m accordance with the followmg
schedule, subject to the above overall limitations. ..,
a. An emplovee who partiCipates m the ALS (111cludmg defibnllatIon
program m a servIce covered by thIS agreement Will receive retroactIve payment, If
anv, to the date of their base hospItal certIficatIOn allowmg him/her to partICIpate
111 such program. Where an employee With an appropnate ALS certificatIOn works
at a servIce where an ALS program IS operat111g but does not cover 111 geographic
scope all of ItS operatIons, such employee will receIve retroactIvIty while assIgned
to an ALS vehicle
b Employees who commence partiCipation man ALS (mcludmg defibrillation)
program m a servIce covered by thiS agreement after September 22, 1994 WIll receive
retroactIve payment, If anv, to the date of theIr base hospItal certIfication allowing
hImlher to partiCIpate 111 such program, but not later than Apnl 1 1996 Where an
emplovee WIth an appropnate ALS certIfication works at a servIce where an ALS
program (which commences operatIon after September 22, 1994) IS opE'ratmg but
does not cover m geographic scope all of its operatIOns, such employee will receive
retroactlVltv while assigned to an ALS vehicle
c Emplovees who do not have ALS certification will receive ParamedIc 1
classificatIOn and wage rate panty to OPS wlthm SIXty days of the Article 5 8 award,
With retroactivIty to Apnl 1 1996
b Employees at servIces which OPSEU certIfies after September 22, 1994 WIll
receIve ParamedIc 1 or ParamediC 2, as appropnate, claSSIfication and wage parIty to
the OPS WIth retroactivIty to Apnl 1, 1996 or date of UnIon certificatIon, whIchever
IS later
8 For clanty, emplovees who leave a service at whIch there IS ALS certificatIon to work
at another servIce where there IS no ALS certificatIon WIll not receive retroactIvIty for the
penod worked at the servIce where there IS no ALS certification.
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9 Payout of retroactivity IS to be made In accordance with OPS arrangements, In terms
of payment on all hours worked or paid, Interest, If any and time frame for payment.
Full Paramedical Employees (Paramedic 2) Retroactivity
1 RetroactIvity, If any, for full tIme paramedical employees at Supenor Ambulance wIll
be based on the Paramedic 2 (AIR) rate for the penod January 1, J 993 to March 31 1996
The retroactiVity wIll not 1I1clude the current difference In the hourly wage rate between the
full paramedlcals and the OPS air ambulance attendants (i.e full paramedics receIve $.26 per
hour less than the OPS air ambulance attendants) but IS lImited to any Increase m the hourly
rate for the OPS air ambulance attendants as a result of their reclassIfication to Paramedic 2
(AIR)
2 From ApnJ J, 1996, the retroactIVIty for the rate of pay for full time paramedICS at
Supenor Ambulance wIll be the Paramedic 2 (Land Ambulance) rate of pay resultmg form
the Article 5 8 award, or the current rate of pay ($20.33) whichever IS greater
The Dillon conceded that paragraph 2(a) of artIcle 3 above lImIts retroactIvIty to May 31,
1991 However, It submItted that a letter of understandmg appended to the 1989-1991
agreement between these partIes has survIved the vanous central rounds of negotIatIOns
and acts to relIeve It from the clear language of paragraph 2(a) That letter reads as
follows
LETTER OF UNDERSTANDING RE. A. L. S. PROCEDURES
For those Emplovees who are authonzed to perform certain delegated medical procedures the
Company will pav an annual allowance in the following amounts.
J Three hundred dollars ($300 00) proviSIOns, intravenous pneumatlc anti-shock garmet skills.
2. Nine hundred dollars ($900 00) proVISIOns, mtravenous drug skills.
3 Nme hundred dollars ($900 00) proVisions, defibnllatlOn skills (manual and automatic.)
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4 NlTIe hundred dollars ($900 00) provisions of advances airwav skills (mtubatlOn)
If, during the life of this Agreement, the allowances and entitlements for Employees
concerning Advanced life Support (ALS) are increased or improved for Ambulance Officers
in the Ontario Public Service, the same allowances and entitlements shall apply to employees
under this Agreement on the same date. (EmphasIs added)
Retroactivity pay for the performance of defibnllatlOn skills (#3) wlll be paid from the date of
defibnllation certificatIon status to March 31st, 1989 m a lump sum and from April 1st, 1989
forward will be paid to full-time Emplovees bl weekly and to part-time Employees paId quarter]v
pro-rated on hours worked.
...
This Letter of Understandmg will last for the term of this collective agreement.
The Employer's VIew was that thIS letter ofunderstandmg no longer forms part of the
collectIVe agreement. However It also submItted that the letter does not have the effect
argued for by the Dillon Accordmgly, the lImItmg provISIOns of paragraph 2(a) govern.
In VIeW of the above, the partIes agreed that I mterpret the letter ofunderstandmg
assummg, WIthout decIdmg, that the letter IS mdeed part of the collectIve agreement.
Should the Dillon's mterpretatIOn of the letter preVaIl, the partIes would address the legal
status of the letter
The letter sets out certam wage supplements for employees authonzed to perform lIsted
advanced lIfe support servIces It goes on to guarantee that should mcreased allowances
and entItlements be provIded m the Ontano PublIc ServIce, the Port Colborne employees
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would be gIven panty The matter of those allowances and entItlements was remItted to
an mterest board chaIred by Mr Burkett. The Issue for determmatIOn before thIS Board IS
the scope of Mr Burkett's award. That IS, does It reach back before May 1991 m Its
award to members of the Ontano PublIc ServIce? ThIS Board IS not asked to set the rate
to be paId. The Burkett board dIscharged that task Rather our mterpretatIOn of the letter
of understandmg reqUlres a determmatIOn of the tImmg of the mcreases awarded by the
Burkett board.
...
Mr Burkett noted at page one that the claSSIficatIOn structure of ambulance employees
was created effectIve May 30, 1991 It was that board's task to establIsh the salary rates
for those claSSIficatIOns After analysmg the appropnate comparators at page 17 the
Burkett board set the maXImum rate of $20.20 per hour for the ParamedIc 2 claSSIficatIOn
effectlve May 30, 1991 At page 18, It set the maXImum rate for the ParamedIc 1 Land as
$18 97 per hour, and for the ParamedIc 2 AIr as $21.21 per hour, both effectlve May 30
1991 DIfferentIals for the Group LeadershIp premlUm were also establIshed effective
May 30, 1991
In short, the Burkett award to the Ontano PublIc ServIce paramedIcs speaks from May 30
1991 SImIlar treatment of the Port Colborne ambulance employees as reqUlred by the
letter of agreement, results m the retroactIve wage mcreases reachmg back only as far as
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May 30 1991 It was agreed that the Employer has made those payments Accordmgly
the gnevance IS dIsmIssed.
Dated at Toronto thIS 7th day of May 1999
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Ls- ...
Damel A HarrIs, VIce ChaIr