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HomeMy WebLinkAbout1979-0039.Zwicker et al.81-03-04Between: Before: GRIEVANCE IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Mr. P. C. Zwicker et al - And - The Crown in Right of Ontario Ministry of Health Prof.~ P. G. Barton Vice Chairman Mr. A. Stapleton Member Mr. J. McManus Member For the Grievor: For the Employer: Mr. G. Richards, Grievance Officer Ontario Public Service Employees Union Mr. I. Freedman, Counsel Ministry of Health Hearing: January 30th, 1981 - 2 On January'lgth, 1979 five grievors filed identical grievances. The grievances allege a failure to pay the proper rate of pay as Attendant I., Oak Ridge, during the period July 1977 to June 23rd.1978. All grievors were then.and are now employed at the Oak Ridge Division of the Ontario Hospital, Penetanguishene. A preliminary objection was raised to the hearing of, this grievance on the basis that the grievances had not been filed within the time required by Article 27 of the master collective agreement. On the facts it appears that the grievors became aware of a disparity between monies being paid to them and the monies, being paid to a subsequent trainee group, in the summer of-1978. We were satisfied on the evidence that there were some reasons for the delay'in filing which reasons justified the denial of the,preliminary objection. All five grievors responded to a posting advertising a position at the Ministry of Health, Mental Health Centre, Penetanguishene, Ontario. It ,indicated that Registered'Nursing Assistant trainees were 'required and that the salary to be paid would. bks4.88 hourly. It further indicated that applicants would be required to enroll in Georgian College full time in the fall of 1977 in.the R.N.A. Program. Tuition costs would be paid by the Mental Health Centre as well as salary while attending the R.N.A. course. Non-school and'non-study time would be spent on ward duty. It also indicated that graduates would be employed in 'the Oak Ridge Division at a starting salary of $6.48 per hour or in the Regional Division at $5'.51 per hour. ~Fi 3 The Mental Health Centre at Penetanguishene is divided into. two divisions~as indicated, with the Oak Ridge Division dealing with the criminally insane and being a higher security area. The salary scales for employees in the two divisions reflect this, by providing approximately $1.00 an hour extra to those employed at the Oak Ridge Centre. On various dates in July 1977 the five grievors signed a memorandum of understanding that they would be employed at the Penetanguishene Mental'Health Centre as Psychiatric Nursing Assistants I. They agreed in writing~to spend ten monthsof the time taking the R~.N.A. course at Georgian College and agreed to continue in the employ of the Government of Ontario as Psychiatric Nursing Assistants for at least one year after graduation-. Salary was not specified,~ What in fact happened was that the employees proceeded directly into the Oak Ridge Centre~and during the summer of 1977 spent most of the time on normal. shift rotation between the various wards. Although it appears that more of the time.was spent keeping an eye on prisioners than on "systematic instruction and ,training in specialized procedures"as .defined in the class defini- tion for Attendant I, Oak Ridge; they do seem to have carried out .most of the same duties during the summer of 1977 as other Attendants. On September.Sth, 1977 they went into full-time attendance at Georgian College which in this case involved taking instruction on a full-time basis at Penetang, .courses being taught by an instructor sent from Barrie.. This continued until December 23rd, 1977 at'which time there was a Christmas break. Between December 4 28th and January 1st 1978 they continued with their duties at, Oak Ridge, and between January 2nd 1978 and April 30th they were back in classes. Following'this they went to a Psychiatric Nursing Course which was taught at Penetang. The evidence does not indicate that they were back on the wards during this period. On June 23rd 1978 they wrote the R.N.A. examinations and were back in the Psychiatric Nursing Course until the end of June 1978. Their examination results came out, in late August to early Septemberand they were re-classified as of June 23rd 1978 as Attendant II.Oak.Ridge. The cheque for their retroactive pay arrived sometime around Christmas, 1978. Their concerns concerning their rate of pay up until -. June 23rd, 1978 arose when 'they became aware that the trainees in the group which came in in the year after they arrived were being paid as Attendant I rather. than as P.N.A.I. The reason for this was explained at the hearing, which reason was.that the Georgian College Course was extended~ to two years but it was taken two days a .week rather than full-time. Accordingly the second trainee group was-spending 60% or more of its time at Oak Ridge on the wards acting as Attendants. This apparent disparity gave,the grievors a feelings that they were entitled to extra pay for the time that they had spent during their initial training year and they subsequently filed the grievance. \ ‘- . -5 5 The claim of the grievors is for a sum Of approximately $2,000 each,. being approximately $1.00 an hour for the time from the date of their hire in July 1977 until June 23rd 1978. They are claiming. that they were improperly classified or were performing the, functions of Attendant I for ~the entire period and are entitled to the full sum. A certain amount of confusion.as to their status was caused by the fact that the documents they originally signed referred only to the Mental Health Centre and did not distinguish between Oak Ridge and the normal.Regional Hospital. The posting for the position indicated'that R.N.A.' trainees were sought and that they would be paid at the lower rate until graduation. We do not feel that they are entitled,to.the higher - .rate for the time spent in classes, since the risks ~inherent in working with patients were not incurred at that time. The premium rate paid to Attendant I at Oak Ridge should, we feel, be paid to them for the time they were working there in the wards. This time was, as far as we can determine, from the date of their h~ire 'in July 1977 to September 4, 1977, and for a few days at Christmas. 1977. Although the grievance was not advanced as a classification grievance' we feel that'their classification for the period prior to their becoming 'Attendant II, June 23, 1978 was as indicated on their memorandum of understanding, P.N.A. I. The extra funds for the time spent actually working on the wards is justifiable on 6 the.basis that at that time they were on a temporary assignment to a higher classification as contemplated by Article 6 of the Master Agreement; In the result the grievance is allowed in part. Should questions arise as to the amount of compensation they are entitled~to as a result of this award, we remain seised of the matter.~ DATED AT London, Ontario. this 4th day'of Harch'~l9f31.. Peter G. Barton Vice-Chairman A. Stapleton Me&w ~I, concur -. d . . _