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HomeMy WebLinkAbout2005-1983.Silver.09-02-20 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#2005-1983, 2006-1241, 2006-1242 UNION#2005-0678-0018, 2006-0678-0014, 2006-0678-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Silver) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Scott Andrews, Stephens Giles and Peter Wright Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYERBrian Scott and Sean Milloy Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING June 19, 2008. WRITTEN SUBMISSIONSDecember 8, 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]The grievor filed several grievances with respect to vacation scheduling and entitlements. [3]The grievor alleges, in the grievance dated August 24, 2005, that the employer did not properly fill vacation requests ?following full seniority procedures and without limitations?, and relies upon Art. 46.1(d). The employer responds that the latter article sets out the amount of vacation credit accumulation, and does not set out how seniority is to govern with respect to vacation scheduling. The evidence is that the parties have, for a number of years, followed a vacation protocol dealing with vacation scheduling, which is discussed and revised as necessary each year, and which contains restrictions and provisions that go beyond the seniority of individual employees. There is nothing improper about such a protocol, the employer argues, and it is fully within the power of the parties to be guided by such a protocol in working out a fair method for distributing vacation scheduling opportunities. I accept the employer?s submission, and the grievance is dismissed. 3 [4]The grievor alleges, in a grievance dated May 31, 2006, that he was denied a request for a single vacation day on May 5, 2006. Although the employer allows up to five employees to be on vacation on a given day, there were only two employees on vacation on May 5, 2006. However, the employer denied the grievor?s request, which was made with three days advance notice, on the basis that there no classified employees available to cover his shift, which meant the employer could not agree to the grievor?s request without incurring overtime costs. The employer argues that it is not required to incur overtime expenses in order to accommodate a vacation request submitted on short notice. Given the circumstances, I agree that the employer was not required to incur overtime expense and this grievance is dismissed. [5]The grievor also filed a grievance on February 3, 2006 alleging that the vacation protocol contravened the collective agreement, and that the protocol should be annulled and replaced with a new agreement that is consistent with the collective agreement. The evidence indicates that the grievor used all but 3.125 of the 31.625 vacation credits available to him during 2006. The 3.125 credits were carried over and used in 2007. The carry over of credits is provided for in the collective agreement. I note that the grievor?s 2006 vacation allotment included 1.625 vacation credits carried over from the previous year. [6]The grievor argues that the method of calculation restricts vacation scheduling in a manner which is unfair to the grievor and others in his position. The employer responds that the grievor incurred no loss associated with the vacation protocol. I agree with the employer?s submission that the carry over of vacation is normal under this collective agreement, and the amount of vacation carried over by the grievor is not enough to lead 4 to a concern that there might be a systemic problem with the vacation scheduling protocol, let along a collective agreement violation. This grievance is also dismissed. th Dated at Toronto this 20 day of February 2009. Barry Stephens, Vice-Chair