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HomeMy WebLinkAbout2004-0083.Fletcher.05-11-24 Decision Crown Employees Commission de Nj 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# 2004-0083 2004-0084 2004-2607 2004-2608 2004-2609 2004-2610 UNION# 2003-0248-0183 2004-0248-0006 2004-0248-0098 2004-0248-0099 2004-0248-0100 2004-0248-0101 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Fletcher) Union - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Deborah lD LeIghton Vice-Chair FOR THE UNION GavIn Leeb BarrIster and SOlICItor FOR THE EMPLOYER Jamce Campbell Counsel Mimstry of Government ServIces CONFERENCE CALL November 21 2005 2 DeCISIon A conference call was held on November 21 2005 to hear the umon's motIOn to keep the gnevor on her "old schedule" untIl January 9 2006 The gnevor returned to work at the HamIlton-Wentworth DetentIOn Center (HWDC) on November 14 2005 after workIng the last three months at the Niagara DetentIOn Centre on her "old schedule" The plan for returnIng her to HWDC up untIl November 9 2005 was that the gnevor would work on her old schedule On November 10 2005 the employer sought to change the gnevor's schedule so that she would be workIng on the "other sIde" of the schedule The compressed work agreement at HWDC IS that correctIOns officers work five ShIftS one week and then two shIfts the next. The sIde of the schedule IS determIned by whIch week IS short or long. CorrectIOns Officers workIng on one sIde of the schedule do not generally come Into contact wIth those workIng on the other sIde The Umon submItted that the gnevor should be temporanly accommodated, untIl she could make alternate chIld care arrangements for her chIld - who has sIgmficant health challenges The gnevor and her husband schedule theIr work around the chIld's specIal needs The umon submItted that the gnevor would need untIl January 9 2006 to rearrange her husband's schedule and her chIldcare schedule, to fit her new work schedule The Employer submItted that they sought to change the gnevor's schedule to assIst her In reIntegratIOn Into the InstItutIOn. The employer felt strongly that It was In the best Interests of the gnevor to return to a work schedule that was OpposIte of some other employees PrevIOusly the gnevor had made a WDHP complaInt agaInst some of these IndIVIduals There had been fnctIOn In the work place between the gnevor and these IndIVIduals, and the employer was tryIng to aVOId unnecessary tenSIOn, and potentIal dIssentIOn. No case law was argued, and the partIes requested an expedIted order HavIng carefully consIdered the submIssIOns, and recogmZIng the Importance of balancIng the needs and concerns of both partIes, I have concluded that the IndIVIdual need for temporary accommodatIOn outweIghs the InstItutIOn's concerns of possIble fractIOus behavIOur Thus, the gnevor shall remaIn on her "old schedule" untIl January 9 2006 3 With regard to the employer's concerns of potentIal conflIct, the partIes both recogmzed that the umon and the employer have a duty to do theIr best to assIst In the gnevor' S reIntegratIOn. Dated at Toronto thIS 24th day of November 2005