Canadian Union of Public Employees Local 1484 (Taylor) v. The Crown in Right of Ontario (Porcupine Area Ambulance Service), 2000 CanLII 20532

GSB # 0983/98

CUPE # 98-09

Under

Before

BETWEEN

Canadian Union of Public Employees Local 1484

(Taylor)

Grievor

and -

The Crown in Right of Ontario

(Porcupine Area Ambulance Service)

Employer

BEFORE Barry B. Fisher Vice Chair

FOR THE Ralph Carnovale

GRIEVOR National Representative

Canadian Union of Public Employees

FOR THE James Henderson

EMPLOYER Counsel Keyser Mason Ball Barristers & Solicitors

HEARING May 16, 2000

Award

This case involves the determination as to whether or not a previous Board order was breached.

In the original award of November 11, 1998 the Employer was obligated to give the grievor at least 21 days calendar days notice of the shifts that he was to work. They failed to do so with respect to the December 26, 1998 shift as they only gave him 15 days notice. The grievor quite properly worked the shift while at the same time asserting his right to grieve the shift assignment.

I therefore find that the Employer breached the Board order. I now will move on to determining the appropriate remedy.

At the relevant time the grievor resided in Toronto, so in order to work the December 26, 1998 shift he had to make an extra trip to Timmins by car.

I find that the Grievor expended $500 in terms of mileage and meals in order to attend at work on December 26, 1998 and that he should be compensated for that expenditure.

I therefore order that the Employer pay the Grievor the sum of $500 as travel expenses and that this payment be made by May 27, 2000.

Dated at Toronto this 17^th day of May, 2000.