The URL can be used to link to this page

Home My WebLink About2002-0376.Molloy et al.06-01-18 Decision Crown Employees Commission de Nj Grievance Settlement reglement des griefs Board des employes de la Couronne ~ Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2002-0376 2002-1018 2002-2048 2002-2112,2002-2222,2002-2479 2002-3072,2002-3159 2004-0077 UNION# 2002-0252-0034 2002-0252-0012,2002-0252-0045 2002-0719-0092,2002-0719-0093 2002-0719-0075 2002-0719-0076 2002-0719-0077 2002-0719-0078 2002-0719-0079 2002-0719-0080 2002-0719-0081 2002-0719-0082,2002-0719-0083 2002-0719-0084 2002-0719-0085 2002-0719-0086 2002-0719-0087 2002-0719-0088 2002-0719-0089 2003-0719-0002,2002-0719-0096 2003-0719-0018 2002-0252-0066 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Molloy et al ) Union - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE FelIcIty D Bnggs Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Greg GledhIll Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING November 15 2005 2 DeCISIon From March 13th to May 6th 2002, the Umon and Its members were engaged m a legal strike Pnor to the begmnmg of tlllS actIOn the partIes had negotIated a Memorandum of Agreement regardmg the condItIons of work m the event of a stnke or a lockout (heremafter referred to as the "CondItIons Document") In that agreement It was provIded that "all collectIve agreement prOVISIOns apply to essentIal and emergency workers wIthout mterruptIOn, save only that AppendIx 9 and AppendIx 18 shall not apply" The CondItIons Document also expressly provIded the Umon's contmued nght under ArtIcle 22 13 of the CollectIve Agreement to file Umon gnevances on behalf of employees who were performmg essentIal and emergency servIces Dunng the course of the strike approxImately 5000 gnevances were filed by Umon members across the Ontano Pubhc ServIce As part of the negotIatIOns that ended the work stoppage, the partIes negotIated a Return to Work Protocol That agreement contemplated vanous prOVISIOns mcludmg how contmuous servIce, pensIOn, credIts and semonty would be affected as a result of the stnke AddItIonally, the partIes addressed other Issues such as repnsal, dIscIphne and the mechamcs of the actual return of the bargammg umt members to the workplace It was further agreed these "strike related" gnevances would be treated separately and htIgated m an efficIent manner To that end, on June 27, 2002, OPSEU and the MmIstry of Pubhc Safety and Secunty (heremafter referred to as "MPSS") met to dISCUSS a process m order to resolve the outstandmg stnke related gnevances Followmg that meetmg a letter, dated October 11, 2002, confirmed the agreement that 3 In order to deal wIth the stnke related gnevances m a proactIve, expedItIOus and effectIve manner, the partIes have agreed to the followmg . No stage 2 heanngs . No filmg of strike related gnevances at GSB, untIl agreed otherwIse . WaIvmg oftllne hmIts . RespectIvely assIgnmg dedIcated resources to deal wIth the volume ApproxImately 4500 gnevances were filed by members employed by the MPSS The partIes agreed to a DIspute ResolutIOn Protocol for MPSS that mcluded Tenns of Reference It IS not necessary to provIde all of that agreement It IS sufficIent to say that the partIes agreed to an expedIted process wherem each party provIdes to the VIce Chair wntten submIssIOns whIch mclude the facts, prOVISIOns of the CollectIve Agreement, the EssentIal ServIces Agreement, legIslatIOn or any other document alleged to have been vIOlated, arguments and requested remedy Oral eVIdence would not be called although It was allowed that I could request further clanficatIOn If necessary In the event of any confusIOn regardmg the facts of the matter or the underlymg ratIOnale, I wIll dIrect the partIes to speak agam wIth theIr prmcIples NotwIthstandmg that some gnevors mIght wIsh to attend and provIde oral eVIdence, tlllS process has been efficIent and has allowed for a thorough canvassmg of the facts and arguments wIth respect to the vanous Issues Other procedural Issues were addressed to ensure that gnevances would be dealt wIth m a tImely faslllon The Terms of Reference also provIded that I would remam seIzed of all outstandmg strike related gnevances filed by members workmg m MPSS ThIS process was developed m consIderatIOn of ArtIcle 22 16.2 of the collectIve agreement It states The mediator/arbItrator shall endeavour to assIst the partIes to settle the gnevance by mediatIOn If the partIes are unable to settle the gnevance by medIatIOn, the mediator / arb 1 trator shall determme the gnevance by arbItratIOn When detennmmg the gnevance by arbItratIOn, the medIator/arbItrator may hmIt the nature and extent of the eVIdence and may Impose such condItIons as he or she consIders appropnate The 4 medIator/arbItrator shall gIve a succmct deCISIOn wIthm five (5) days after completmg proceedmgs, unless the partIes agree otherWIse The majonty of the 4500 gnevances dealt wIth one of the followmg Issues . An allegatIOn of delayed retroactIve payments wIth a request for mterest owmg, . An allegatIOn of failure to pay appropnate hohday pay for Good Fnday and Easter Monday, . EntItlement to call back, . On-Call and Standby Issues for emergency workers Those matters were separately htIgated at the Gnevance Settlement Board and decIsIOns eIther have been Issued or are pendmg In accordance wIth the agreement of the partIes a number of heanng days were scheduled to hear and detennme the outstandmg strike related gnevances Many of the gnevances have been resolved through mediatIOn Dunng the course of the heanngs mto these matters It became apparent that reasoned decIsIOns were no longer necessary The major Issues between the partIes had been canvassed, htIgated and decIded m varIOUS awards and settlements It was also clear that tllne constramts were such that the outstandmg Issues had to be detennmed m a more expedItIous faslllon and therefore the partIes agreed that the remammg matters would be decIded wIthout reasons However, It was agreed between the partIes that the facts should be set out m tlllS matter In an earher decIsIOn (May 19th, 2005) that dealt wIth vanous gnevances regardmg stnke Issues I ordered that a matter referred to as Shannon et al was to be dIsmIssed. The partIes have requested that I Issue a supplementary decIsIOn for tlllS matter 5 A number of CorrectIOnal Officers (Shannon et al) from facIlItIes all over the Provmce filed gnevances allegmg that throughout the entIre penod of the legal stnke the Employer utIhzed managers who were msufficIently tramed to perfonn work m a correctIOnal mstItutIOn ThIS was an outstandmg dIspute dunng the course of the legal strike and the Ontano Labour RelatIOns Board Issued a decIsIOn that found the compressed onentatIOn and trammg provIded to the managers at Issue was sufficIent m the CIrcumstances The gnevors allege m thIS gnevance that they have been dIfferentIally treated because they had to take and pay for trammg at Bell Cairn pnor to becommg unclassIfied CorrectIOnal Officers They sought a remedy that mcluded reImbursement for thIS trammg It was the Employer's submIssIOn that the gnevors were not yet employees at the tIme that they were takmg trammg and therefore the matter should be dIsmIssed. In the decIsIOn of May 19, 2005, I dIsmIssed the gnevances However, at that tllne I faIled to make clear that I am of the VIew that I am wIthout jUnSdIctIOn to hear and determme thIS matter Accordmgly, the followmg gnevances are demed. 2002-0719-0075 to 2002-0719-0089 [GSB#2002-2222] 2003-0719-0018 [GSB#2002-3159] 2002-0719-0096 [GSB#2002-3072] 2002-0719-0092 [GSB#2002-2112] 2002-0719-0093 [GSB#2002-2112] 2003-0719-0002 [GSB#2002-2479] 2002-0252-0045 [GSB#2002-2048] 02C-533 [2002-0252-0012 GSB#2002-0376] 02C-820 [2002-0252-0034 GSB#2002-1 0 18] 6 2002-0252-0066 [GSB#2004-0077] Dated m Toronto tlllS 18th day of January, 2006 II ~ ,