Loading...
HomeMy WebLinkAbout2002-2095.Union.08-07-28 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2002-2095 UNION# 2002-0999-0028 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Union Grievance) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Scott Andrews Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING June 30, 2008. 2 Decision The parties have agreed to ask this Board for a clarification of two earlier decisions regarding the calculation of seniority for unclassified employees. In a decision written July 17, 2003, I stated the following: For the purposes of calculating full time straight-time hours for unclassified employees under Appendix 24 for this agreement the parties have agreed that authorized leaves granted to unclassified employees during their unclassified employment will be treated as follows: ?.. (B) Unpaid Sick Leave Credit (i) scheduled shifts: number of hours in the schedule shifts missed due to illness (ii) other periods: utilize ?Leave Formula?: ?calculate employee?s average weekly hours from the last day the employee worked before Credit going on the leave going back 13 weeks. weekly average over the 13 weeks for each week of the leave. Medical documentation as per the collective agreement will be required. Both parties were candid in acknowledging that, notwithstanding this decision, it may be that some institutions have not been properly or consistently granting seniority for sick leave days for unclassified employees. The parties also agreed that retroactive adjustments need not be made for any institution that has completed a roll-over exercise prior to the release of this decision. However, on a prospective basis, the Employer shall take sick leave into account as set out above for the purposes of calculating seniority under Appendix 24. To be clear, the parties have agreed that on a prospective basis only, any unpaid sick leave shall be included in the Appendix 24 calculations. There shall be no entitlement for credit 3 under Appendix 24 where medical documentation has been requested by the employer in accordance with Article 31A.8.2 and 31A.8.3 and has not been provided by the employee. In a decision written August 12, 2003, the following was stated: Question #1 An unclassified correctional officer worked forty straight-time hours in a week and was compensated at the regular rate of pay for those forty hours. This unclassified correctional officer also worked an eight (8) hour overtime shift in the same week for which s/he was compensated at the overtime rate of pay. Total hours worked in the week ? forty-eight (48) hours. Are any of the overtime shift hours credited toward the employee?s ?straight-time hours? for the purposes of ?Unclassified Seniority? in addition to the forty (40) hours credited to the employee? Decision The agreement of the parties sets out the terms for each individual institution. However, the language regarding the calculation of seniority is identical. That provision stated: For the purposes of the Agreement, seniority will be calculated based on straight time hours worked from the beginning of the unclassified employee?s service up to and including November 10, 2002. In my view, the wording of the provision regarding the calculation of seniority is clear. It is apparent that the parties utilized terms that are familiar and understood to have particular meaning. None of the hours worked in excess of the regular straight time hours are eligible for the calculation of seniority. Therefore, the answer to question one is ?no?. Question #2 An unclassified correctional officer worked forty (40) hours in a week. Thirty-two (32) of the forty (40) hours were compensated at the 4 regular hourly rate of pay. The other eight (8) hours were compensated at the overtime rate of pay in accordance with the collective agreement. Total hours worked in week ? forty (40). What are the total number of hours properly credited toward the employee?s straight time hours for the purposes of unclassified seniority for this work week? Decision In accordance with the Memorandum of Agreement the unclassified correctional officer in question two had thirty-two (32) hours of regular straight time work and therefore the hours eligible for seniority calculation are thirty-two (32). I understand that some grievances have been filed alleging that all straight time hours paid, which may include a combination of hours of work and periods of authorized leave, should be counted in the calculation of seniority for the purposes of Appendix 24. This is incorrect. For Correctional Officers the maximum number of regular straight time hours in a week to be considered in the calculation of seniority for the purposes Appendix 24, is forty (40). Similarly, for those employees who have regular work schedule requiring a minimum of thirty-six and one quarter (36.25) regular straight time hours in a week, no regular straight time hours in excess of thirty-six and one quarter (36.25) shall be utilized in the calculation of seniority for the purposes of Appendix 24. I remain seized in the event of implementation difficulties. th Dated in Toronto this 28 day of July, 2008. Felicity D. Briggs Vice-Chair