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HomeMy WebLinkAbout2008-0903.Lavereau et al.09-09-28 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#2008-0903 UNION#2008-0119-0004 Additional Files - Appendix ?A? IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lavereau et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Anastasios Zafiriadis & Frank Inglis Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Greg Gledhill & Sean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officers HEARINGFebruary 18, 2009. SUBMISSIONS July 17, 2009. - 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]These grievances all relate to an issue that arose with respect to the staffing at the institution between the hours of 1900 to 0700. In October 2006, the union processed a health and safety complaint alleging that the employer was not providing appropriate staffing for the hours in question. An inspector from the Ministry of Labour investigated and issued an order that the parties jointly, and together with the Joint Health and Safety Committee, should meet to discuss the matter and take ?adequate measures and procedures as necessary? to ensure the safety of workers working on night shifts. The employer indicated that, as part of its compliance with the order, a ?post audit? review would be conducted. The parties subsequently agreed to change the schedule to reflect the results of the post audit, moving from the previous 17 FTE lines, and creating a new schedule with 18 FTE lines. This necessarily resulted in changes for many, if not all, of the scheduled staff. [3]After these changes, the ?new? line represented a shift between 1500 and 2300 hours. This line was filled but, when the incumbent was absent, the employer did not fill the time slot from 1500 to 1900. At the present, the employer regularly does not fill the line - 3 - on the schedule for the period from 1500 to 1900. The union concedes, however, that this is consistent with the result of the post audit, which indicated a need for additional staff during the hours after 1900. [4]The union raises two concerns.First, it takes the position that the employer is required to provide staffing for the period from 1500 to 1900. Second, the union asserts that the change to schedule was premised on this understanding. The employer responds that scheduling and staffing levels are a matter of management rights. To the extent that such staffing decisions are impacted by the employer?s response to the order of the Ministry of Labour, the employer submits that it is in full compliance with the order, and there is no evidence to the contrary. [5]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed. th Dated at Toronto this 28 day of September 2009. Barry Stephens, Vice-Chair Appendix A GrievorGSB Number OPSEU File Number Dan Iellamo 2008-18622008-0119-0020 Dan Iellamo 2008-18632008-0119-0021 Steve Guylee 2008-18642008-0119-0022 Steve Guylee 2008-18652008-0119-0023 Steve Guylee 2008-18662008-0119-0024 Steve Guylee 2008-18672008-0119-0025 Steve Guylee 2008-18682008-0119-0026 Eric Rudat 2008-18692008-0119-0027 Mike Breedyk 2008-18712008-0119-0029 Eric Rudat 2008-20662008-0119-0031 Eric Rudat 2008-20672008-0119-0032 Eric Rudat 2008-20682008-0119-0033 Steve Guylee 2008-20692008-0119-0034 Steve Guylee 2008-20702008-0119-0035 Steve Guylee 2008-20712008-0119-0036 Mike Breedyk 2008-20722008-0119-0037 Mike Breedyk 2008-20732008-0119-0038 Dan Iellamo 2008-20742008-0119-0039 John Hotson 2008-21012008-0119-0040 John Hotson 2008-21022008-0119-0041 John Hotson 2008-21032008-0119-0042 Mike Breedyk 2008-23852008-0119-0044 Steve Guylee 2008-23872008-0119-0046 Eric Rudat 2008-25872008-0119-0047 Steve Guylee 2008-26082008-0119-0049 Mike Breedyk 2008-26092008-0119-0050 Mike Breedyk 2008-26102008-0119-0051 Mike Breedyk 2008-26112008-0119-0052 Eric Rudat 2008-26122008-0119-0053