HomeMy WebLinkAbout2017-1792.Manna et al.19-01-24 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2017-1792
UNION# 2017-5112-0229
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Manna et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 22, 2019
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DECISION
[1] This Grievance came before me under s.22.16 of the Collective Agreement. The
parties originally attended a mediation at the Grievance Settlement Board in July
2018 and decided to schedule a further day of mediation. On January 22, 2019 a
second mediation was held during which it was decided that I would provide a
Decision setting out an order for particulars. In addition, the parties agreed to
attend a hearing on July 26, 2019 to deal with the preliminary issues identified
below.
[2] The Grievance dated August 25, 2017 (“the 2017 Grievance”) alleged that the
Employer violated the Collective Agreement as well as other legislation including
the Employment Standards Act, the College of Nurses of Ontario Professional
Standards, R.2002, Registered Health Practitioners Act 1991 and the Nursing
Act 1991, by requiring Registered Nurses at the Toronto South Detention Centre
(TSDC) and the Toronto Intermittent Centre (TIC) to be available to respond to
emergencies at all times including during their unpaid breaks. The grievors
allege that this requirement resulted in the grievors not being compensated for
time worked during an unpaid break and often resulted in their 12-hour shift
being extended by 30 minutes.
[3] During the mediation on January 22, 2019, the parties advised that they had
reached a settlement of the 2017 Grievance, with the exception of the Union’s
claim for retroactive compensation. A Memorandum of Settlement (the
Settlement”) was signed on July 26, 2018 which provided that the Employer
would change its scheduling practice with the result that the parties reached a
Memorandum of Agreement, dated September 11, 2018 establishing a
Compressed Work Week Arrangement.
[4] In addition to the Union’s claim for retroactive compensation, it was brought to
my attention that there is another outstanding Grievance (“the 2014 Grievance”)
dealing with the same issue, dated June 12, 2014. The Union seeks to have that
Grievance consolidated with the 2017 Grievance for the purpose of seeking
retroactive compensation.
[5] Before this case can be heard on the issue of retroactive compensatory
damages, the Union is required to provide the following particulars regarding the
2017 Grievance to the Employer no later than May 17, 2019:
a) A list of all shifts between July 25, 2017 or 30 days before the filing of
the 2017 Grievance and July 26, 2018 (the Settlement date) listed by
date where grievors were required to work during their unpaid breaks
and were not compensated.
b) Evidence of the grievors bringing the issue of working during an unpaid
break during the time period listed in (a) to management’s attention.
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c) Evidence during the time period listed in (a) of denials of compensation
by management where the grievors were required to work during an
unpaid break.
[6] A hearing is scheduled on July 26, 2019 in order to deal with the following
preliminary issues:
a) To determine the scope of the grievors’ claim for retroactive
compensation having regard to the particulars provided pursuant to
paragraph 5.
b) To determine whether the 2014 Grievance should be consolidated with
the 2017 Grievance and the time-frame and scope for assessing
retroactive compensation in the event that the two Grievances are
consolidated.
Dated at Toronto, Ontario this 24th day of January, 2019.
“Dale Hewat”
______________________
Dale Hewat, Arbitrator