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HomeMy WebLinkAbout2003-3789.Lewis et al.07-06-20 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 David Wright Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE UNION Len Hatzis Counsel Ministry of Government Services FOR THE EMPLOYER CONFERENCE CALL June 13,2007. 2 Decision This case has a long history. On November 5,2002, the parties signed Minutes of Settlement which dealt with a compressed work week (CWW) arrangement at the Whitby Mental Health Centre. By decision dated December 12, 2005, I dealt with two preliminary motions made by the Ministry to dismiss three grievances which had arisen pursuant to the CWW. By decision dated October 30,2006, I issued an award which clarified the terms of the CWW arrangements in place at the Whitby Mental Health Centre. Paragraph two of that award stated: 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; It appears that there is some confusion concerning the meaning of the term "non-nursing staff' or conversely, who is included when the term "nursing staff' is utilized. A conference call was held on June 13,2007 and counsel provided me with their submissions regarding the interpretation of the term. In the decision dated December 12, 2005, paragraph two, the term nursing staffwas defined to include RN's, RPN's and Patient Care Assistants (PCA's). After carefully considering this matter I see no reason to vary the earlier interpretation given to the term in the December 12, 2005 decision. Accordingly to be perfectly clear, when the term nursing staff is used in the CWW it includes RN's, RPN's and Patient Care Assistants (PCA' s). 3 In the event that the parties have any difficulties with the interpretation or implementation of this award I shall remain seized. Dated in Toronto this 20th day of June, 2007