HomeMy WebLinkAbout2007-0018.Tuff et al.08-10-01 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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
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GSB#2007-0018, 2007-0425, 2007-1001, 2007-1002, 2007-1004, 2007-1340, 2007-1384,
2007-1480, 2007-1752, 2007-1755, 2007-1812, 2007-1824, 2007-1825, 2008-0686
UNION#2007-0108-0007, 2006-0108-0079, 2007-0108-0030, 2007-0108-0032,
2007-0108-0034, 2007-0108-0035, 2007-0108-0039, 2007-0108-0040, 2007-0108-0050,
2007-0108-0053, 2007-0108-0056, 2007-0108-0066, 2007-0108-0067, 2008-0108-0085
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tuff et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONStacey Zafiriadis, Marie Thomson and
Denise Sands
Grievance Officers
Ontario Public Service Employees
FOR THE EMPLOYERGary Wylie, Greg Gledhill and Sean Milloy
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
September 25, 2008.
2
Decision
[1]
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that 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. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
[2]
A series of individual and group grievances were filed regarding the assignment of work
on statutory holidays. The grievors allege that the manner in which the employer
assigned statutory holiday work violated the grievors? rights to the fair and equitable
distribution of statutory holiday work opportunities. The employer responds that the
collective agreement provides for the fair and equitable distribution of overtime, but that
it does not speak to the distribution of statutory holiday work opportunities. The
employer relies on GSB precedents, including the decision in Gillies, 0316/88 (Samuels)
in which the vice-chair made the following comments:
?This Board has said often that an employee is not entitled to work on a
statutory holiday. The Employer may assign whomever it wishes to work the
holiday. See for example, Ferguson, 78/82 (Jolliffe); McCormick 386/81
(Barton); and Birse, 338/83 (Samuels). The grievors have no contractual right
to work statutory holidays under the collective agreement, and they were not
laid off.?
[3]
As a vice-chair of the Grievance Settlement Board, I am bound by earlier decisions of the
GSB on any issue that comes before me, unless I can identify manifest error in the earlier
award:ATU (Blake) and Toronto Area Transit Operating Authority (1988), GSB No.
1276/87 (Shime).
3
[4]
Having carefully reviewed the evidence presented and the submissions of the parties, it is
my view that there is no evidence of a breach of the collective agreement. As a result,
the grievances are dismissed.
Dated at Toronto on October 1, 2008.
Barry Stephens, Vice-Chair