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HomeMy WebLinkAbout2001-1699.Ashby et al.02-08-16 Decision ~~~ o@~o EA1PLOYES DE LA COURONNE _Wi iii~~~i~T DE L "ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#1699/01 UNION#02B 145 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Ashby et al ) Grievor -and- The Crown In RIght of Ontano (Mimstry ofCommumty FamIly and ChIldren's ServIces) Employer BEFORE RandI H. Abramsky Vice-Chair FOR THE UNION Kathleen Lawrence Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Andrew Baker Counsel Management Board Secretanat HEARING August 15 2002 2 AWARD On January 4 2002, a group gnevance was filed allegIng "that the 'pro-ratIng' of fully paid sIck days through the Compressed Work Week agreement IS contrary to language In the Abramsky DeCISIOn dated May 31st 1999 G S.B #1925/96 a 'day IS a day' regardless of ItS length, as applIed to the ASP Mimstry thresholds" The folloWIng facts are relevant to thIS matter 1 The gnevors are ResIdentIal Counselors at the Southwestern RegIOnal Centre In BlenheIm, Ontano wIth the Mimstry of Commumty and SocIal ServIces [now Mimstry ofCommumty FamIly and ChIldren's ServIces] 2 ArtIcle 10 Compressed Work Week Arrangements, SectIOn 5 1 of the collectIve agreement states as follows 5 1 Short Term SIckness - Employees shall be entItled to full pay for the first (43 1Iz or 48) hours of absence due to sIckness or Injury and seventy-five percent (75%) for the next (899 or 992) hours of absence due to sIckness or Injury Employees may exerCIse theIr optIOn under ArtIcle 44 6 (Short Term SIckness Plan) of the Central CollectIve Agreement by deductIng one-quarter (1/4) of an accumulated credIt for each 7 1/4 or 8) hours of absence 3 The gnevors and Southwestern RegIOnal Centre mutually agreed to a local compressed work week arrangement whereby the normal hours of work for employees "shall be SIX 12-hour ShIfts and one 8-hour ShIft every bI-weekly pay penod." The agreement also provIdes the folloWIng language 5 1 Short Term SIckness - Employees shall be entItled to full pay for the first 48 hours of absence due to sIckness or Injury and seventy-five percent (75%) for the next 992 hours of absence due to sIckness or Injury Employees may exerCIse theIr optIOn under ArtIcle 446 (Short Term SIckness Plan) of the Central WorkIng CondItIOns and Employee Benefits Agreement by deductIng one-quarter (1/4) of an accumulated credIt for each 8 hours of absence 3 4 The Employer has followed the language of the collectIve agreement and the local compressed work week agreement. 5 The gnevors object to the method of calculatIng theIr sIck pay under the collectIve agreement and the local compressed work week agreement as contrary to the GSB decIsIOn In #1925/96 Instead, they want "each fully paid sIck day [to be] treated as ONE day In that SIX fully paid sIck days be Implemented as whole days regardless of theIr length." The above-stated facts clearly demonstrate that the Employer has fully complIed wIth both the language of the collectIve agreement and the local compressed work week agreement. The decIsIOn In GSB No 1925/96 dealt wIth, In relevant part, the propnety of the Ontano government's ASP program and the treatment of 12-hour days for "threshold" purposes It dId not deal wIth the calculatIOn of sIck pay The Issue of sIck pay IS addressed In the collectIve agreement and local compressed work week agreement language quoted above ThIS Board's JunsdIctIOn IS lImIted to InterpretIng and admInIstenng the collectIve agreement. If there IS an Issue here that the gnevors are concerned about, It wIll need to be addressed In collectIve bargaInIng. In thIS case, the Employer complIed wIth the specIfic terms of the collectIve agreement and the local compressed work week agreement. AccordIngly the group gnevance IS dIsmIssed. Issued at Toronto thIS 16th day of August, 2002 RandI H. Abramsky Vice-Cha r