GSB#1699/01
UNION#02B145
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ashby et al.)
Grievor
-and-
The Crown in Right of Ontario (Ministry of Community, Family and Children’s Services)
Employer
BEFORE Randi H. Abramsky Vice-Chair
FOR THE UNION Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER Andrew Baker Counsel Management Board Secretariat
HEARING August 15, 2002.
AWARD
On January 4, 2002, a group grievance was filed alleging "that the 'pro-rating' of fully paid sick days through the Compressed Work Week agreement is contrary to language in the Abramsky Decision dated May 31st, 1999, G.S.B. #1925/96, a 'day is a day' regardless of its length, as applied to the ASP Ministry thresholds."
The following facts are relevant to this matter:
The grievors are Residential Counselors at the Southwestern Regional Centre in Blenheim, Ontario, with the Ministry of Community and Social Services [now Ministry of Community, Family and Children’s Services.]
Article 10, Compressed Work Week Arrangements, Section 5.1 of the collective agreement states as follows:
5.1 Short Term Sickness – Employees shall be entitled to full pay for the first (43 ½ or 48) hours of absence due to sickness or injury and seventy-five percent (75%) for the next (899 or 992) hours of absence due to sickness or injury. Employees may exercise their option under Article 44.6 (Short Term Sickness Plan) of the Central Collective Agreement by deducting one-quarter (1/4) of an accumulated credit for each 7 1/4 or 8) hours of absence.
- The grievors and Southwestern Regional Centre mutually agreed to a local compressed work week arrangement whereby the normal hours of work for employees "shall be six 12-hour shifts and one 8-hour shift every bi-weekly pay period." The agreement also provides the following language:
5.1 Short Term Sickness – Employees shall be entitled to full pay for the first 48 hours of absence due to sickness or injury and seventy-five percent (75%) for the next 992 hours of absence due to sickness or injury. Employees may exercise their option under Article 44.6 (Short Term Sickness Plan) of the Central Working Conditions and Employee Benefits Agreement by deducting one-quarter (1/4) of an accumulated credit for each 8 hours of absence.
The Employer has followed the language of the collective agreement and the local compressed work week agreement.
The grievors object to the method of calculating their sick pay under the collective agreement and the local compressed work week agreement as contrary to the GSB decision in #1925/96. Instead, they want "each fully paid sick day [to be] treated as ONE day in that six fully paid sick days be implemented as whole days regardless of their length."
The above-stated facts clearly demonstrate that the Employer has fully complied with both the language of the collective agreement and the local compressed work week agreement. The decision in GSB No. 1925/96 dealt with, in relevant part, the propriety of the Ontario government’s ASP program and the treatment of 12-hour days for "threshold" purposes. It did not deal with the calculation of sick pay. The issue of sick pay is addressed in the collective agreement and local compressed work week agreement language quoted above.
This Board’s jurisdiction is limited to interpreting and administering the collective agreement. If there is an issue here that the grievors are concerned about, it will need to be addressed in collective bargaining. In this case, the Employer complied with the specific terms of the collective agreement and the local compressed work week agreement. Accordingly, the group grievance is dismissed.
Issued at Toronto this 16th day of August, 2002.