HomeMy WebLinkAbout2002-1702.Ducette and Union Grievance.03-06-05 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 1702/02,2427/02
UNION# 2002-0453-0031 2002-0999-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Ducette and Umon Gnevance) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of TransportatIOn and Management Board Secretanat) Employer
BEFORE Richard Brown Vice-Chair
FOR THE UNION Richard Blair
Ryder Wnght Blair & Doyle
BarrIsters and SOlICItorS
FOR THE EMPLOYER Sean Kearney
Counsel
Management Board Secretanat
HEARING May 28 2003
2
DeCISIon
The umon seeks call-back pay for some of the employees who provIded essentIal or
emergency serVIces dunng the eIght-week stnke In early 2002 Ahson Ducette claims
call-back pay In her IndIVIdual gnevance, FIle No 1702/02 The pohcy gnevance, FIle
No 2427/02, concerns payment not only for beIng called back but also for standby and
on-call, standby and on-call are not consIdered here ThIS decIsIOn deals only wIth call-
back pay and only for employees In CIrcumstances analogous to those underlYIng the
Ducette gnevance Counsel agreed that entItlement to call-back pay In other scenanos
would be addressed after they receIved thIS decIsIOn
I
Ahson Ducette, a transportatIOn enforcement officer, was desIgnated as an essentIal
servIces worker Dunng the first four weeks of the strike, she was scheduled to work
three ShIftS of 7 25 hours weekly at the Lancaster tnlck InSpectIOn statIOn A schedule
posted before the commencement of the stnke IndIcated she was reqUIred to work,
dunng the week of March 27, on March 27, 28 and 31 A schedule posted on March 27,
2002 IndIcated she was reqUIred to work, dunng the week of Apnl3, on Apnl4, 5 and
7 On Apnl2, when Ms Ducette was not scheduled to work, a manager phoned her at
home, at approxImately 6 00 a.m , and asked her to report for duty She worked
approxImately 5.25 hours and was paid the basIc hourly rate for that tIme
3
II
In antIcIpatIOn of a strike, the partIes executed an agreement, dated September 20,
2001, entItled CondItIons for the 2001-2002 OPS-OPSEU EssentIal ServIces and
CollectIve Agreement NegotIatIOns (the condItIons document) The tenns and
condItIons of employment for employees provIdIng essentIal and emergency serVIces
are governed by artIcle C3a of the condItIons document The relevant portIOns of that
artIcle state
All collectIve agreement prOVISIOns apply to essentIal and emergency
workers wIthout InterruptIOn, save only that AppendIx 9 and AppendIx 18
shall not apply
F or employees who are desIgnated and used for essentIal servIces the above
terms and condItIons of employment apply
F or those employees who are used to perfonn emergency servIces as
provIded In the emergency servIces part of the essentIal serVIces agreements
and as reqUIred by the Employer the above terms and condItIons of
employment apply After detennInIng that an employee IS to be used to
perform emergency serVIces work, the above terms and condItIons of
employment apply
In OPSEU and Managem ent Board Secretarzat, FIle 1510/02,
decIsIOn dated December 4, 2002, I consIdered what artIcle C3a of the
condItIons document said about the apphcatIOn of the collectIve agreement
to essentIal serVIce workers
F or an employee who IS desIgnated to provIde essentIal serVIces and does
so, when does he or she begIn to receIve the protectIOn of the collectIve
agreement and when does that protectIOn cease? The absence of any
temporallunItatIOn In the tlurd paragraph of artIcle C3a, together wIth the
phrase "wIthout InterruptIOn" In the first, IndIcate that such an employee lS
covered by the collectlve agreement from the first day of the work stoppage
to the last (page 17, emphasIs added)
4
The apphcable collectIve agreement IS the 1999-2001 contract ArtIcle ADM 9 1
of that agreement deals wIth call-back pay for employees In the admInIstratIve
bargaInIng umt
An employee who leaves Ius or her place of work and IS subsequently called back
to work pnor to the startIng tIme of hIS or her next scheduled ShIft shall be paid a
mInunum of four (4) hours' pay at one and one-half (11;;) tunes Ius or her basIc
hourly rate
The call-back prOVISIOns for employees In other bargaInIng umts are IdentIcal
III
The apphcatIOn of the law to the facts at hand IS straightforward Ms Ducette
was desIgnated to provIde essentIal servIces and dId provIde such servIces dunng
the strike AccordIngly, she was covered by the collectIve agreement from the
first day of the work stoppage to the last She left her place of work at the end of
her scheduled ShIft on March 31, she was called back to work on Apnl 2, before
her next scheduled shIft on Apnl4 In these cIrcumstances, she was entItled to
call-back pay as specIfied In artIcle ADM 9 1 of the collectIve agreement
Dated at Toronto thIS 5th day of June, 2003
~~~--""""
RIchard Brown
VIce-Chair