HomeMy WebLinkAbout1978-0099.Cowie.79-05-03Between:
Before:
For the Grievor:
99/‘78
IN THE MATTER OF AN ARBITRATION
Under The
CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Mr. N. K. Cowie
And
The Crown in Right of Ontario
Ministry of Correctional Services
Mr. George Adams Chairman
Mrs. Mary Gibb Member
Mr. Harry Simon Member
Mrs. Lillian Stevens, Grievance Officer
Ontario Public Service Employees Union
1901 Yonge Street
Toronto, Ontario
For the Employer:
Mr. J. F. Benedict, Manager Compensation
& Staff Relations, Human Resources Management
Branch, Ministry of Correctional Services
2001 Eglinton Ave. E., Scarborough, Ontario
Hearing:
January 19th, 1979
Suite 2100, 180 Dundas St; W.
Toronto, Ontario ~.
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Unsurprisingly, this issue arises following the decision
of the Board in mrcotte~and the Ministry of Correctional Services
54/78. In that case two correctional officers were required to
transport a prisoner from one institution to another, and the time
spent in returning to their place of employment fell outside their
regular work hours. In that case the grievor was the driver of a
van, the trade union having accepted the payment of the correctional
officer who was a passenger in the van at straight time under the
travelling pay provisions of the agreement.
The driver's grievance was successful because the Board
concluded that then driving of the particular van.in question could
not be considered "as essentially a responsibility-free activity."
In this~case the passenger in a vehicle is the grieving party.
The grievor is Mr. Cowie who is employed as a Correctional
Officer 3 at the Ottawa Carleton Detention Centre. The parties agreed
to the following statement of fact:
2. On February 11, 1978, Mr. Cowie was scheduled
to work and did work the evening shift from
22:45 hours to 6:45 hours.
3. At the conclusion of his night shift and on the
morning of February 12, 1978, Mr. Cowie was
instructed by his Shift Supervisor to proceed':
with the institution driver to the Perth Jail
to pick up an innate and escort the inmate
back to the Ottawa Carleton Detention Centz-e.
4. Mr. Cowie and the driver arrived at the Perth
Jail about lo;00 hours and left about 10.15
hours to escort the inmate back tp the Ottawa
Carleton Detention Centre.
a
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5.
At no time either during the trip to the
Perth Jail or returning from the Perth
Jail did Mr. Cowie drive or was responsible
for the institution vehicle.
6. 'The round trip took some 3.1/4 hours and
Mr. Cowie received travel. time pay for the
trip to the Perth Jail in accordance with
Article 23 and overtim pay in accordance
with Article 13, for escorting the inmate
back to the Ottawa Carleton Detention
centre.
7. Mr.. Cowie is claiming overtime pay in
accordance with,Article 13 for the time
he worked going to the Perth Jail.
8. Mr. Cowie received the attached reply
from Mr. Roberts, Superintendent,
Ottawa Carleton Detention Centre, at
the second stag6 of the grievance
procedure. ..,~
The key provisions of the collective agreement provide:
13.1 The overtime rate for the purposes df this
Agreement shall be one and one-half cl+)
tiws.the employee's basic hourly rate.
13.2 In this Article, "overtime" means an
authorized period of work calculated
to the nearest half hour and performed on a
scheduled working day in addition to the regular
working period, or performed on a scheduled day(s)
off.
23.1 employees shall be credited with all time
spent in travelling outside of working
hours when authorized by the Ministry.
23.6 All travelling time shall be paid at the
employee's basic hourly rate or where
mutually agreed, by compensating leave.
We have reviewed the facts as stipulated by then parties and,
have concluded that the grievor's travel to the Perth Jail was essentially
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I responsibility free and under conditions which cannot be considered as
"work" within the meaning of the collective agreement. The parties
have distinguished between "travelling outside working 'hours" and "work"
within the meaning of Article 13.2. Effect must therefore be given
to this distinction. Grievance denied.
Dated at Torontb, Ontario this 3rd day of May, 1979.
.George W. Adams, Chairman
I concur
Mary Gibb, Member
I concur
Harry Simon Member