HomeMy WebLinkAbout2003-3789.Lewis et al.06-10-30 Decision
Crown Employees
Grievance Settlement
Board
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2003-3789,2003-3790,2003-3791,2004-0806, 2005-0297, 2005-0298, 2005-0299, 2005-1731
UNION# 2004-0331-0003,2004-0331-0004, 2004-0331-0005, 2004-0331-0011, 2005-0331-0010,
2005-0331-0011,2005-0331-0012,2005-0331-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lewis et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care)
Employer
BEFORE
Janice Johnston
Vice-Chair
FOR THE UNION
David Wright
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER
Len Hatzis
Counsel
Ministry of Government Services
HEARING
October 24, 2006.
2
Decision
This case has a long history. Some of the grievances before me date back to 2001. On
November 5, 2002, the parties signed Minutes of Settlement which dealt with a compressed work
week (CWW) arrangements at the Whitby Mental Health Centre. By decision dated December
11,2005, I dealt with two preliminary motions made by the Ministry to dismiss three grievances
which had arisen pursuant to the CWW. Since that time, the parties have continued to be in
dispute with regard to the interpretation of certain aspects of the CWW.
A hearing was scheduled for October 24,2006. After hearing and carefully considering
the submissions of the parties and having regard to the unique fact situation arising out of the
Whitby Mental Health Centre CWW agreements, I hereby make the following declarations to
clarify the terms of the CWW agreements in place at Whitby Mental Health Centre as of March,
2006:
1. The CWW agreements do not require any annual review of the continuation of a
CWW arrangement for any particular unit. A review will only be required if
requested by employees or if management is contemplating terminating the
agreement for a particular unit for reasons including but not limited to patient
care, cost or operational requirements;
2. If a review does occur and the employer chooses to hold a vote:
a. non-nursing staff will not vote on nursing schedules;
b. part-time and temporary staff will not vote; and
c. only returned ballots will be counted in determining the result;
3. The CWW agreements do not require that team leaders/facilitators must work an
8-hour shift in all circumstances;
4. The CWW agreements do not require that 15% of staff on a given unit work 8-
hour shifts, only that up to 15% of staff on a unit may be required to work 8-hour
shifts if operationally or clinically required; and
5. The CWW agreements do not require any change to pre-existing shift change
policies, practices or agreements.
3
In the event that the parties have any difficulties with the interpretation or
implementation of this award I shall remain seized. The grievances are hereby terminated.
Dated in Toronto, this 30th day of October, 2006