HomeMy WebLinkAbout2003-2371.Union Grievance.05-01-13 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 2003-1821
UNION# 2003-0999-0031 2003-0224-0008
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 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 July 16 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 10 00 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 mInIstnes 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 strike 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.
(1) VacatIOn credIts prevIOusly requested and approved for tlus penod
remaIn as vacatIOn tIme,
3
(11) All the prOVISIOns of the CollectIve Agreement contInued to apply,
(111) PrevIOusly scheduled compressed work week credIts and accnml
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 varIOUS
IndIVIdual dIsputes The partIes worked dIlIgently and as of the begInnIng of the
three contInuIng days of hearIng there were only a few dozen matters that remaIned
outstandIng It was requested that a decIsIOn be Issued on those matters dealt wIth
at our last day of heanng However, before I turn to those Issues I Informed
counsel for both partIes that I Inadvertently stated In my decIsIOn dated July 5,
2004 that the gnevance of Bndget SagolI was dIsmIssed My decIsIOn should have
said that her gnevance was upheld and she was entItled to one day of vacatIOn
As requested by the partIes I wIll set out neIther the facts of the vanous gnevances
nor the reasons for my decIsIOns I wIll sImply set out the dISposItIOn
1 Gnevance of MargIe Luppacher - MInIstry of FInance - dIsmIssed
2 Gnevances of WIlson, Brookham, Langley, Fernando, Searson, Ulman and
HIllIer - MInIstry of Natural Resources - dIsmIssed.
4
Dated In Toronto thIS 13th day of January, 2005
. ~
;;
VIce-Chair