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HomeMy WebLinkAbout2002-2095.Union Grievance.03-08-12 Decision Crown Employees Commission de ~~ 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# 2095/02 UNION# 2002-0999-0028 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Umon Gnevance) Grievor - and - The Crown m RIght of Ontano (Mimstry of PublIc Safety and Secunty) Employer BEFORE FelIcIty D Bnggs Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Lmda EllIot Semor TransItIOn SpecIalIst Mimstry of PublIc Safety and Secunty HEARING August 1 2003 2 DECISION On June 16 2003 the partIes sIgned a Memorandum of Agreement/Settlement regardIng the fillIng of vacanCIes at decommIssIOned and decommIssIOmng InstItutIOns WIthIn the Mimstry The agreement, whIch was wIthout preJudIce, provIded that the Mimstry Employment RelatIOns CommIttee would momtor the terms of the agreement. It was stated at page 2 The partIes agree to the folloWIng settlement of Mimstry Umon polIcy gnevances In part, Umon polIcy gnevances, IndIVIdual and group gnevances, whIch wIll be lIsted and co-sIgned, regardIng ArtIcle 31A15 (ConversIOns) and ArtIcle 6 (PostIng and fillIng of vacancIes) exceptIng IndIVIdual competItIOn gnevances, WIth regard to all CorrectIOnal officer posItIOns at decommIssIOned/non-decommIssIOmng InstItutIOns All such gnevances filed up to the date of sIgmng of thIS Agreement are settled by vIrtue of the Agreement. The partIes wIll lIst these gnevances at AppendIx A and wIll finalIze thIS lIst no later than August 31 2003 At Paragraph 7 of Part A - Miscellaneous It states The partIes agree that they wIll request that FelIcIty Bnggs, Vice Chair of the Gnevance Settlement Board wIll be seIzed wIth resolvIng any dIsputes ansIng from the ImplementatIOn of thIS Agreement. The partIes have encountered some dIsputes regardIng the calculatIOn of semonty for classIfied correctIOnal officers It was agreed that three questIOns would be put forward for determInatIOn to assIst In the ImplementatIOn of the agreement. Question #1 An unclassIfied correctIOnal officer worked forty (40) straight-tIme hours In a week and was compensated at the regular hourly rate of pay for those forty (40) hours ThIS unclassIfied correctIOnal officer also worked an eIght (8) hour overtIme shIft In the same week for whIch s/he was compensated at the overtIme rate of pay Total hours worked In the week - forty- eIght (48) hours Are any of the overtIme shIft hours credIted toward the employee's "straight-tIme hours" for the purposes of "UnclassIfied Semonty" In addItIOn to the forty (40) hours credIted to the employee? 3 Decision The agreement of the partIes sets out the terms for each IndIVIdual InstItutIOn. However the language regardIng the calculatIOn of semonty IS IdentIcal That provIsIOn stated For the purposes of thIS Agreement, semonty wIll be calculated based on straight tIme hours worked from the begInmng of the unclassIfied employee's servIce up to and IncludIng November 10 2002 In my VIew the wordIng of the provIsIOn regardIng the calculatIOn of semonty IS clear It IS apparent that the partIes utIlIzed terms that are famIlIar and understood to have a partIcular meamng. None of the hours worked In excess of the regular straight tIme hours are elIgIble for the calculatIOn of semonty Therefore, the answer to questIOn one IS "no" Question #2 An unclassIfied correctIOnal officer worked forty (40) hours In a week. ThIrty-two (32) of the forty (40) hours were compensated at the regular hourly rate of pay The other eIght (8) hours were compensated at the overtIme rate of pay In accordance wIth the collectIve agreement. Total hours worked In week - forty (40) hours What are the total number of hours properly credIted toward the employee's straight tIme hours for the purposes of unclassIfied semonty for thIS work week? Decision In accordance wIth the Memorandum of Agreement the unclassIfied correctIOnal officer In questIOn two had thIrty-two (32) hours of regular straight tIme work and therefore the hours elIgIble for semonty calculatIOn are thIrty-two (32) 4 Question #3 An unclassIfied correctIOnal officer worked 10 weeks on a compressed work week schedule The employee worked SIxty (60) hours the first week and twenty-four (24) the second week. ThIS two week pattern ofworkmg hours IS repeated through the ten week penod. Throughout the ten weeks the unclassIfied correctIOnal officer IS compensated for forty (40) hours of work at the regular rate of pay for each week. Total hours worked m the 10 week compressed work week penod - four hundred and twenty (420) hours At the end of the employee's compressed 10 weeks of work on the work week schedule, a reconcIlIatIOn of hours was completed and the unclassIfied correctIOnal officer receIved compensatIOn at the regular rate of pay for the extra twenty (20) hours the mdIvIdual worked dunng the compressed work week schedule as provIded for m the collectIve agreement. Does the employee receIve four hundred and twenty (420) straight tIme hours credIt for the purposes of "unclassIfied semonty" for thIS penod? Decision The correctIOnal officer's straight tIme hours were 420 and therefore s/he should receIve 420 hours for the purposes of calculatIOn of "unclassIfied semonty" Dated at Toronto thIS lih day of August, 2003 ~ . ~ -.~ ~ ) ;.::: . ~- - ,~.. ... ' . - .-. ~ ~.~ ~ :R=_ .~ FelIcIty D B'nggs . . Vice Chair