HomeMy WebLinkAbout2011-0912.Dexter et al. 12-08-22 DecisionCrown Employees
Grievance Settlement
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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#2011-0912, 2012-0743
OPSEU#2011-0290-0031, 2012-0290-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Services Employees Union
(Dexter et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Barry Fisher Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING
July 17, 18, 19, 2012
- 2 -
Decision
[1] This arbitration arose out of a mediation/arbitration process conducted at the Roy
McMurtry Youth Centre. The parties agreed that this process would be conducted in
an informal manner and that if no settlement could be achieved, that I was permitted
to issue a decision based on the information that I derived from the mediation
sessions.
[2] I am satisfied that I obtained enough information during the mediation process so that I could render an arbitration award. At no time during the mediation did either party tell me something that I was not permitted to tell the other side and I made my best efforts to share with each side what the other side had said during the mediation.
[3] This case involves the application of Article 45.1 of the Collective Agreement, which reads as follows:
ARTICLE 45 - LEAVE CREDITS REPORTS
(FXT, SE, FPT, RPT)
45.1 As soon as practicable following the end of each quarter, every
employee shall be advised of the number of vacation and
attendance credits to which he or she is entitled.
[4] The Ministry admits that that they did not comply with this provision. Apparently this
was a Ministry wide problem, affecting all employees. The problem arose from the
introduction of a new computer tracking system for leave credits. As usually happens
with new computer systems, this one had major bugs in it so that when the reports came
out, they were often inaccurate. Sometimes they over reported the number of credits that
an employee had and sometimes they underreported the available credits.
[5] Needless to say, employees are very concerned about how many credits they have in their
bank. They need this information to be accurate so that they can plan their lives. The
essence of this grievance is that the employees had to spend considerable time reviewing
their own records and comparing it to the Ministry’s reports to determine if the Article
- 3 -
45.1 reports were accurate. This also involved corresponding with Ministry payroll
personnel, in some cases on multiple occasions.
[6] I heard from two of the grievors, Ms. Cunningham and Mr. Dexter. There were 11
grievors in all. Based on their evidence I am satisfied that there was some amount of
personal time spent by the individual grievors in dealing with this issue, which would not
have been necessary if the Ministry had complied with Article 45.1. I am also satisfied
that the grievors spent considerable other time working on this issue, but that during this
time they were at work and thus were already being paid.
[7] Both the Union and the Ministry requested that I award the same number of hours to each
grievor, regardless of the individual differences that undoubtedly existed between the
members.
[8] I therefore award each grievor one hour of pay, to be paid within 60 days of this award.
[9] I retain jurisdiction over the interpretation and implementation of this award.
Dated at Toronto this 22nd day of August, 2012.
Barry Fisher
Vice-Chair