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Home My WebLink About2002-2095.Union Grievance.04-12-20 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# 2002-2095 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) Union - and - The Crown III 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 September 9 October 13 & November 8 2004 2 DeCISIon From March 13th to May 6th 2002, the UnIon 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 UnIon contmued nght under ArtIcle 22 13 of the CollectIve Agreement to file UnIon gnevances on behalf of employees who were perfonnmg essentIal and emergency servIces Dunng the course of the strike approxImately 5000 gnevances were filed by UnIon 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 senIonty would be affected as a result of the stnke AddItIonally, the partIes addressed other Issues such as repnsal, dIscIphne and the mechanIcs of the actual return of the bargammg UnIt 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 of tIme 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 Terms 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, thIS 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 fashIOn 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/arbItrator shall detennme the gnevance by arbItratIOn Wllen determmmg 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 determme 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 tnne constramts were such that the outstandmg Issues had to be determmed m a more expedItIOus fashIOn and therefore the partIes agreed that the remammg matters would be decIded wIthout reasons It should be noted that m settmg out my rulmg below I have, m some mstances, provIded a remedy that IS less that what was bemg requested by the gnevor However, the remedy I have ordered, If any, reflects the appropnate result m each CIrcumstance Accordmgly, followmg IS a hst of the gnevances that were argued before me accompanIed only wIth my ruhng 5 REFERENCE # NAME DISPOSITION DH25 Darlaw dIsmIssed ES52 Bnttam upheld - 10 days owmg ES64 SqUIres dIsmIssed MS38 Ledger upheld - 4 weeks owmg PA58 Schoenmakers dIsmIssed PA21 Hunter upheld - 4 hours owmg PA153M Mason upheld - 4 hours owmg PA153M MIller upheld - 4 hours owmg ESI00 Tyler upheld - 8 hours owmg PA408 Kennedy upheld - 4 days owmg + & RW59 3 days sIck leave PA250M Group dIsmIssed ES51 Brady upheld - 10 days owmg MSI0 Harvey dIsmIssed DH74 Galla dIsmIssed DH29 Hugo dIsmIssed ESI07 Busat dIsmIssed PA344 Walker dIsmIssed PA276 PungItore dIsmIssed P A277 Suhota dIsmIssed PA282 Knaap & Knlsto & P A33 upheld 5 days owmg PA31 KIeffer upheld - 4 days owmg ES28 & 29 WIlson upheld - 10 days owmg MS07 Wmt-Inghs dIsmIssed DH04 Laderoute dIsmIssed 6 ES97 RIvet dIsmIssed ES23 Majee dIsmIssed DH22 Hope dIsmIssed DH19 MatwIchuk dIsmIssed DH20 Punja dIsmIssed PA24 Johnston upheld - 23 hours owmg DH48 & MSOl DIgIannI upheld - 9 hours owmg DHOl SIdler dIsmIssed DH37 PanIco dIsmIssed P A205M Group dIsmIssed PA76M Group dIsmIssed ES72 & 73 Duncan dIsmIssed ES80 Joncas dIsmIssed ES81 Gnmes dIsmIssed RW83 Walters dIsmIssed PA114 Duncan dIsmIssed DH07 Carol dIsmIssed PA116 Casement A balancmg of hours Issue RWI09 Young dIsmIssed DH17 Berry upheld - 4 weeks owmg ES74 Duncan upheld - 8 hours owmg ES48 & DH49 Kerr upheld - 20 days owmg RWI00 Peckford dIsmIssed ES68 Cockburn dIsmIssed RW84M Group dIsmIssed MS05 RIsdale dIsmIssed PA92 Lmdsay dIsmIssed DH54 Campbell dIsmIssed 7 PA57 RosatI upheld - 7 hours owmg PA13 Forsyth upheld - 8 hours owmg P A254 Cook dIsmIssed PA414 Kennedy dIsmIssed P A 182 Merry upheld - $20 owmg DH73 RIchards upheld - Employer to remove comments on WIN RW83 Walters dIsmIssed PA266 St Yves upheld - 8 hours owmg P A422 Renaud dIsmIssed P A424 Anderson dIsmIssed P A425 W oolnough dIsmIssed P A427 CordIck dIsmIssed PA133 Mowe dIsmIssed PA206 & DH64 Bennett upheld - 1 day owmg PA207 Large upheld - 2 days owmg PA210 Nutson upheld - 1 day owmg Juhe WIllte upheld - 30 hours owmg ES78 Hauth dIsmIssed PA62 & 63 SImpson upheld - 8 hours owmg PA80 Allan upheld - 16 hours owmg PA70 & 71 Tyrell upheld - 11 5 hours owmg PA47 McIvor upheld - 24 hours owmg PA07 & 88 Duval upheld - 8 hours owmg PA91 Hoover upheld - 8 hours owmg PA87 Drummond dIsmIssed PA85 Coker upheld - 8 hours owmg P A263 Haggett upheld - 8 hours owmg 8 PA68 Stephenson upheld - 8 hours owmg PA55 Peke SkI upheld - 16 hours owmg PA53 Patnck upheld - 24 hours owmg PA64 SmclaIr upheld - 8 hours owmg PA72 Valleau upheld - 8 hours owmg PA73 Vanderyt upheld - 16 hours owmg PA78 Curran dIsmIssed PA79 FIsher upheld - 5 5 hours owmg PA90 Hagan upheld - 8 hours owmg ES20 Stoner upheld - 8 hours owmg EIleen Smerdon upheld - 4 hours owmg DH61 & 62 N abert dIsmIssed DH33 MacDonald dIsmIssed PA50 Mulhngs dIsmIssed RW94 Hope upheld 33 hours owmg DH13 JanItens dIsmIssed DH14 MacDonald dIsmIssed DH15 McCann dIsmIssed MS08 Lowe dIsmIssed RW155 Gnmmond dIsmIssed PA162 McGUIgan dIsmIssed PA08 EndnzzI dIsmIssed PAI0 FaIeta dIsmIssed ES55M MItchel dIsmIssed Gagnon dIsmIssed DH35 MIller dIsmIssed 9 ThIS dIsposes of most of the outstandmg matters I would be remISS If I dId not thank the partIes for theIr consIderable efforts m finahzmg tlllS task. At the outset It seemed dIfficult to nnagme how we would dIspose of hundreds of mdIvIdual dIsputes dunng the hfe of thIS collectIve agreement However, much tIme and organIZatIOn was taken to achIeve these results I am grateful for tlllS assIstance Dated m Toronto thIS 20th day of December, 2004 S