HomeMy WebLinkAbout2002-0182.Group Grievance Cowell et al.02-12-02 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB#O 182/02
UNION#02A331 02A332,02A333 02A334 02A335 02A336
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Group Gnevance Cowell et al) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of Health and Long-Term Care) Employer
BEFORE Jamce Johnston Vice-Chair
FOR THE UNION Ms Kathleen Lawrence
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Mr Damel Der
ER Consultant
Mimstry of Health and Long-Term Care
HEARING November 25 2002
2
DECISION
The umon In thIS case has referred SIX gnevances allegIng unfair treatment and Improper pay to
the Gnevance Settlement Board. The gnevances all anse out of the same event,
On December 31 1999 and January 1 2000 the gnevors worked theIr regularly scheduled shIft.
The umon alleges that they should have been paid overtIme for thIS work and gIven eIght hours
stat pay
The employer takes the posItIOn that there has been no vIOlatIOn of the collectIve agreement
and that the gnevors were paid In accordance wIth ArtIcle IHC4 1 That artIcle reads
A ShIft whIch does not commence and end on the same calendar day shall be
consIdered as fallIng wholly wIthIn the calendar day on whIch the ShIft commences
After consIdenng the submIssIOns of the partIes I am of the VIew that ArtIcle IHC4 1 IS
applIcable to the sItuatIOn before me and that the gnevors were appropnately compensated for
the hours In questIOn.
AccordIngly these gnevances are dIsmIssed.
Issued at Toronto thIS 2nd day of December 2002
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Jamce Johnston
Vice-Chair