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HomeMy WebLinkAbout2003-2324.Samkovas et al.06-11-10 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2003-2324 UNION# 2003-0430-0006 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Samkovas et al.) - and - The Crown in Right of Ontario (Ministry of Transportation) Nimal V. Dissanayake Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union Janet Sinclair Employee Relations Adviser Ministry of Transportation November 7, 2006. Union Employer Vice-Chair 2 Decision A group grievance dated August 25, 2003 signed by some 28 employees (list of grievors attached as Appendix A) came before me for mediation-arbitration upon the agreement of the parties. The grievance states We the undersigned hereby grieve that the employer has violated the collective agreement by administering its' assignments of staff, regardless of pay levels, to the same work while paying staff performing such work at different rates of pay. The remedy requested is set out as: That the employer be found to have breached the agreement, that it comply with the agreement now and for the future and that all employees assigned to the work be compensated at the highest rate of pay which was paid to any employee performing such work, from the day such work began to be performed. The parties filed relevant documentation during the mediation deliberations. It became apparent that the grievance related to the pay treatment of those employees who voluntarily took a temporary assignment to perform a project referred to as "vehicle resolve work". Payment of employees on temporary assignment is governed by article 8 of the collective agreement. Following a review of the facts in light of the applicable provisions, the union acknowledged that, while the grievors may feel a sense of unfairness that employees performing the same work during the temporary assignment were paid at different rates, the method in which the employer compensated the employees was in compliance with the terms of article 8. In the circumstances, the union advised that it had no dispute with the employer arising out of the instant grievance. 3 Having regard to the facts of the case, the documentation filed, and the union's concession of "no dispute", the instant grievance is hereby dismissed. Dated this 10th day of November 2006 at Toronto, Ontario. ~~,;::.~~~ VIce- . .' ", .'. . . 4 APPENDIX A List of grievors Marg Dean Simon Pancham Jacqui Blake Melissa Samkovas John Richardson Michael Metcalfe Susan McGeachie Dan Mingo Steve Warren Karen Ingoldsby Betty Marshall-Craig Steve Paquette Linda Clue Helen Steeves Nena Garfit Richard Hollywood Oswald Kawall Michele Daly Steve Miller Ron Chesebrough Vince McLaughlin Shelly Hopkins Alex Maschi Elena Mea Ghon Chand Vicky Gibson Cindy Mills Parveez Maqbool