HomeMy WebLinkAbout2005-2499.Taylor-Baptiste.07-03-05 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# 2005-2499
UNION# 2005-0229-0028
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Taylor-Baptiste)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles and Scott Andrews
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Pauline Jones and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
February 19,20 & 21, 2007.
DEADLINE FOR WRITTEN
SUBMISSIONS
March 2, 2007.
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Decision
INTRODUCTION
The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006.
Although OCI is not one of the institutions covered by the protocol, the parties agreed on
February 19,2007 to be bound by the terms of the protocol for this session. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have
agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with
submissions, which include the facts and authorities each relies upon. The process adopted by
the parties provides for a canvassing of the facts during the mediation phase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or precedent. The parties were unable to resolve this
matter in mediation.
Accordingly, the matter has been referred to me as a True
Mediation/Arbitration decision under the Protocol.
FACTS
The grievor was divorced in 2000. Since that time he has been involved in litigation over access
to his children. As a result, he states that he has been unable to arrange a suitable access
schedule such that he can work a normal rotation on the schedule, and, at the same time, care for
his children on the days when he has access. He states that he has been using compensating time
off, vacation time and other methods to book himself off for shifts that conflict with his access
schedule. He states that, when these methods do not work, he speaks to the scheduling officer
and, so long as he provides sufficient notice, the scheduling officer will typically rearrange the
schedule to assist the grievor. There is no evidence that the grievor is adjusting his schedule in
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such a way as to avoid weekend or night shifts, or for any other reason than to book time off to
coincide with his access schedule. He states that, as a result of the changes he has made to his
schedule, he at times may work many days in a row, which indicates his willingness to make
personal sacrifices, and not to put all of the burden on the employer.
In juxtaposition to the arrangement described by the grievor, the employer states that the grievor
does not make efforts to book himself off, but is engaged in a form of self scheduling, in that he
simply presents his access arrangements to the scheduling officer, and has the scheduling officer
rearrange matters to suit his needs. The employer further states that, while some accommodation
to meet family status needs may be appropriate, the grievor has been accommodated for several
years, and there is no indication he has given consideration to making alternative arrangements
to care for his children, particularly as the children are now getting older. The employer argues
that there are other employees with worthier accommodation claims who should be given
priority.
The grievor seeks an order that he be permitted to carry over compensating time off from year to
year past the March 31 deadline set out in COR 13.6, so that he will have greater flexibility with
respect to scheduling time off, and that the employer be required to accommodate his family
needs in any other reasonable manner.
DECISION
The grievor will be permitted to utilize shift exchanges, compensating/lieu time and vacation
credits (not limited to the Ministry protocol on local vacation selection) to facilitate time off for
childcare. He will not be granted any special carry-over rights with respect to compensating time
off.
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If, after exhausting the above methods, the grievor is unable to arrange a desired day off, he may
advise the scheduling officer of the conflict. If notice to the scheduling officer is sufficient, the
employer will make reasonable efforts to rearrange the grievor's schedule to accommodate his
requested time off.
This arrangement will remain in effect until July 1, 2007, at which time it will be subject to
review by the parties in accordance with the employer's family accommodation policy.
Dated at Toronto, this 5th day of March, 2007.
Barry