Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ministry of Attorney General), 2000 CanLII 20462

OPSEU # 94D990-3, 99B001, 99B820

Under

Before

BETWEEN

Ontario Public Service Employees Union (Carvalho, Balon, Casidy et al)

Grievor

and -

The Crown in Right of Ontario (Ministry of Attorney General)

Employer

BEFORE Randi H. Abramsky Vice Chair

FOR THE Peggy Smith GRIEVOR Counsel Eliot, Smith Barristers & Solicitors

FOR THE Stephen Patterson EMPLOYER Counsel Legal Services Branch Management Board Secretariat

HEARING March 10, 2000

C O N S E N T O R D E R

The parties have agreed to the following terms on consent:

The union and the employees shall withdraw the above grievances. For greater particularity attached as Appendix 1 is a list of the grievors.
The parties agree that the policy, attached at Appendix 2, shall be issued by the employer. The policy shall be the subject of communications at the meeting of the MERC, scheduled for April 17, 2000. Following that meeting the employer shall circulate the policy to all management within the relevant facilities and the policy shall be implemented effective May 1, 2000. The parties acknowledge that the consistent application of this policy throughout the Court Services Division is important.
The terms of this agreement shall be issued as a consent order by Ms. Abramsky.
The parties shall execute a companion agreement to this consent order, which shall not be issued as a consent order, and which shall deal with all matters of compensation arising out of these grievances.
Ms. Abramsky shall remain seized of the grievances in the event that may matters arise from the implementation of this agreement.

Dated at Toronto, the 14^th day of March, 2000.

APPENDIX 1

List of Grievors:

BRANTFORD

P. Carvalho C. Vanexem N. Hudacin A. Chimniak I. Cvet D. Ryder P. Loughlin J. Dowless J. Stockley P. Webster D. Lecompte D. MacNeil

ST. CATHERINES

M. Hollingsworth H. Marceau M. Inman T. Beadle P. Ort Laverty (Estate) C. Bolan K. Dolan

KINGSTON

M. Cassidy J. Mullen B. Newell A. Newell C. Pettus T. Archer D. Knapp

APPENDIX 2

REPORTING PAY

a) Where an unclassified court staff (Court Reporter, Court Room Clerk, Court Registrar, Courtroom Clerk/Monitor and Court Service Officer the "Staff " or the "Employee") reports for work at his or her scheduled reporting time and it is subsequently determined by management that there is no work available, as an employee in a Court proceeding, the employee shall receive two (2) hours reporting pay, pursuant to the terms of the collective agreement, and shall be free to leave the workplace.

SET UP AND CLOSE DOWN TIME FOR COURT SUPPORT STAFF

b) Unclassified Court staff (as defined above) will be paid for 15 minutes to set up the court and 15 minutes to close down the court. If more time is required based on operational needs it will be allocated at the discretion of the local Manager or Supervisor of Court Operations. The Manager or Supervisor shall act reasonably in exercising their discretion. Appendix A is not intended to be an exhaustive list but rather an illustrative list only of the criteria to be used by a Manager or Supervisor of Court Operations in exercising this discretion.

DOWN TIME DURING THE COURT DAY

c) During down time, the period of time between court sittings, excluding a maximum of one hour for lunch and for normal before and after court work, staff (as defined above) shall be responsible for advising their respective Manager or Supervisor of Court Operations (the "Manager") of their status. Where work is available, which is not work as an employee in a Court proceeding, the manager shall offer the work to the employee. The employee may refuse the work. If there is no work, which is not work as an employee in a Court proceeding, or where the employee refuses the assignment the employee shall be responsibility free and shall not be paid until such time as the court to which they are assigned reconvenes. On the employee's return to work the employee shall be guaranteed a minimum of two hours of work, as an employee in a Court proceeding, or pay in lieu thereof.

Where work is available during the down time, which is work as an employee in a Court proceeding, the manager shall assign the employee to the work and the employee shall not have the right to refuse the assignment.

The policy on down time shall not apply to court staff working at a satellite court away from their base court.

A P P E N D I X A

(Illustrative list to assist a Manager or Supervisor of Court Operations in exercising their discretion in extending the set-up and close down time for court support staff, beyond 15 minutes)

This list is not au exhaustive list but a guideline. Situations/needs may vary from court to court.

Where an individual court support staff is fulfilling a dual function (e.g. clerk/monitor) and needs more time to complete the tasks for both functions.
Where there may be a large number of exhibits or bulky exhibits to be set up or removed.
Satellite court operations. (Taking travel to and from the courts into consideration)
Set up of additional equipment required.
Courtroom is in another building from the base court location.
Reporting faulty equipment and repair of equipment or other problems.
Above-average caseload and amount of paperwork (e.g. Multiple accused persons, multiple charges resulting in increased post court data entry and cross referencing.)
Jury assembly (jury set‑up, sequestering, etc…..)