HomeMy WebLinkAbout2003-2371.Union Grievance.04-07-08 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# 2003-2371 2003-3130
UNION# 2003-0999-0031 2003-0468-0006
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 In RIght of Ontano
(Management Board Secretanat) Employer
BEFORE FelIcIty D Bnggs Vice-Chair
FOR THE UNION MarnIe NiemI
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Fateh SalIm
Counsel
Management Board Secretanat
HEARING June 9 & 11 2004
2
DeCISIon
On August 11 2003 there was a power outage that encompassed a huge geographIcal area
IncludIng most of Ontano As the result of that sItuatIOn a number of dIsputes arose between the
partIes After the first day of heanng, the partIes agreed to the folloWIng terms to be Issued In a
consent award
1 A wIdespread power outage occurred on August 11 2003 at 4 11 P m.
2 The premIer declared a provIncIal emergency at approxImately 1000 p.m on August 14
2003 under The Emergency Management Act.
3 The provIncIal emergency was lIfted on August 22, 2003
4 Dunng thIS emergency Ontano government mImstnes were asked to contact theIr
employees and to advIse the employees not to attend work unless specIfically asked to do
so by theIr managers
5 Employees were advIsed that the government of Ontano would pay regular full and part-
tIme classIfied and unclassIfied employees for the days they were requested not to report
to work dunng the power emergency
6 Irregularly scheduled and unclassIfied employees were advIsed they would be paid based
on a schedule estImate USIng the average number of hours worked per week over the 13
weeks pnor to the power emergency and that any adJustments would be made as
necessary In the folloWIng pay penod.
7 There IS no dIspute between the partIes that the penod of August 14 to August 24 2003
(a) Was not a stnke or a lockout and that EssentIal and Emergency ServIces
Agreements under CECBA dId not apply to thIS penod,
(b) Was not a declared publIc holIday
The partIes further agreed
(i) VacatIOn credIts prevIOusly requested and approved for thIS penod remaIn as
vacatIOn tIme
(iI) All the provIsIOns of the CollectIve Agreement contInued to apply
(ill) PrevIOusly scheduled compressed work week credIts and accrual remaIn
unaffected.
8 The partIes wIll meet to dISCUSS IndIVIdual gnevances Vice Chair Bnggs wIll remaIn
seIzed of any gnevances whIch remaIn unresolved folloWIng these dIscussIOns
9 The Umon agrees to provIde the Employer wIth the outstandIng gnevances by December
12,2003
10 The Umon and Employer agree to contInue to Waive tImelIness WIth respect to these
gnevances
It was agreed that I would hear all further outstandIng matters between the partIes At the tIme of
the first heanng there were approxImately eIght hundred vanous IndIVIdual dIsputes The partIes
worked dIlIgently and as of the begInmng of the three contInuIng days of heanng there were only
3
a few dozen matters that remaIned outstandIng. One further heanng date remaInS It was
requested that a decIsIOn be Issued on those matters dealt wIth to date
As requested by the partIes I wIll not set out the facts of the vanous gnevances I wIll sImply
state the dISposItIOn of the Issues
AccordIngly
1 DIspute regardIng Greg Zikos (HamIlton DetentIOn Centre) - dIsmIssed.
2 DIspute of Cathy Crawford (Mimstry of Health) - dIsmIssed.
3 DIspute of Hans Witvoet (Mimstry of Health) - upheld - 1 day to be taken as vacatIOn.
4 DIspute regardIng Leanne Young (Mimstry of Health) - upheld - 3 days to be taken as
vacatIOn.
5 DIspute of Almas HadIbhaI (Mimstry of Health) - dIsmIssed.
6 DIspute of Estrella Reyes (Mimstry of Health) - dIsmIssed.
7 DIspute regardIng Bndget SagolIlI (Mimstry of Health) - dIsmIssed.
8 DIspute of JulIana Kahn (Mimstry of Health) - dIsmIssed.
9 DIspute regardIng Joan Warner-Gnffin (Mimstry of Health) - dIsmIssed.
10 DIspute of Noella KIrkley (Mimstry of Health) - dIsmIssed.
11 DIspute regardIng KImberly Cranker (Mimstry of Health) - dIsmIssed.
12 DIspute of Tnsh MacLeod - upheld - 1 day to be taken as vacatIOn.
13 DIspute regardIng Donna Newton - dIsmIssed.
14 DIspute ofCarleItha CaInes (Mimstry of Health) - dIsmIssed.
15 DIspute regardIng BalbIr DhalIwal (Mimstry of Health) - dIsmIssed.
16 DIspute of Paula GIbney (Mimstry of Health) - dIsmIssed.
17 DIspute regardIng Melame WhIte (Mimstry of Health) - dIsmIssed.
18 DIspute of Sue Nelson (Mimstry of Health) - dIsmIssed.
19 DIspute ofChnstIne Salvas (Mimstry of Health) - dIsmIssed.
20 DIspute regardIng Mary ViveIros (Mimstry of Health) - dIsmIssed.
21 DIspute of Ben ShIrley (Mimstry of Health) - dIsmIssed.
22 DIspute of Trudy Droogh (Mimstry of Health) - dIsmIssed.
23 DIspute of Karen Kennedy (Mimstry of Health) - upheld - 1 day of sIck leave restored to
bank.
A further heanng day wIll complete the outstandIng matters and an addItIOnal award wIll be
Issued.
Toronto thIS 8th day of July 2004
. S