GSB# 2095/02

UNION# 2002-0999-0028

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union Grievance)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Public Safety and Security)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Scott Andrews Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Linda Elliot Senior Transition Specialist Ministry of Public Safety and Security

HEARING

August 1, 2003.

DECISION

On June 16, 2003 the parties signed a Memorandum of Agreement/Settlement regarding the filling of vacancies at decommissioned and decommissioning institutions within the Ministry. The agreement, which was without prejudice, provided that the Ministry Employment Relations Committee would monitor the terms of the agreement. It was stated at page 2:

The parties agree to the following settlement of Ministry Union policy grievances in part, Union policy grievances, individual and group grievances, which will be listed and co-signed, regarding Article 31A.15 (Conversions) and Article 6 (Posting and filling of vacancies) excepting individual competition grievances, with regard to all Correctional officer positions at decommissioned/non-decommissioning Institutions. All such grievances filed up to the date of signing of this Agreement are settled by virtue of the Agreement. The parties will list these grievances at Appendix A and will finalize this list no later than August 31, 2003.

At Paragraph 7 of Part A - Miscellaneous it states:

The parties agree that they will request that Felicity Briggs, Vice Chair of the Grievance Settlement Board will be seized with resolving any disputes arising from the implementation of this Agreement.

The parties have encountered some disputes regarding the calculation of seniority for classified correctional officers. It was agreed that three questions would be put forward for determination to assist in the implementation of the agreement.

Question #1

An unclassified correctional officer worked forty (40) straight-time hours in a week and was compensated at the regular hourly rate of pay for those forty (40) hours. This unclassified correctional officer also worked an eight (8) hour overtime shift in the same week for which s/he was compensated at the overtime rate of pay. Total hours worked in the week - forty-eight (48) hours. Are any of the overtime shift hours credited toward the employee’s “straight-time hours” for the purposes of “Unclassified Seniority” in addition to the forty (40) hours credited to the employee?

Decision

The agreement of the parties sets out the terms for each individual institution. However, the language regarding the calculation of seniority is identical. That provision stated:

For the purposes of this Agreement, seniority will be calculated based on straight time hours worked from the beginning of the unclassified employee’s service up to and including November 10, 2002.

In my view, the wording of the provision regarding the calculation of seniority is clear. It is apparent that the parties utilized terms that are familiar and understood to have a particular meaning. None of the hours worked in excess of the regular straight time hours are eligible for the calculation of seniority. Therefore, the answer to question one is “no”.

Question #2

An unclassified correctional officer worked forty (40) hours in a week. Thirty-two (32) of the forty (40) hours were compensated at the regular hourly rate of pay. The other eight (8) hours were compensated at the overtime rate of pay in accordance with the collective agreement. Total hours worked in week - forty (40) hours. What are the total number of hours properly credited toward the employee’s straight time hours for the purposes of unclassified seniority for this work week?

Decision

In accordance with the Memorandum of Agreement the unclassified correctional officer in question two had thirty-two (32) hours of regular straight time work and therefore the hours eligible for seniority calculation are thirty-two (32).

Question #3

An unclassified correctional officer worked 10 weeks on a compressed work week schedule. The employee worked sixty (60) hours the first week and twenty-four (24) the second week. This two week pattern of working hours is repeated through the ten week period. Throughout the ten weeks the unclassified correctional officer is compensated for forty (40) hours of work at the regular rate of pay for each week. Total hours worked in the 10 week compressed work week period - four hundred and twenty (420) hours. At the end of the employee’s compressed 10 weeks of work on the work week schedule, a reconciliation of hours was completed and the unclassified correctional officer received compensation at the regular rate of pay for the extra twenty (20) hours the individual worked during the compressed work week schedule as provided for in the collective agreement. Does the employee receive four hundred and twenty (420) straight time hours credit for the purposes of “unclassified seniority” for this period?

Decision

The correctional officer’s straight time hours were 420 and therefore s/he should receive 420 hours for the purposes of calculation of “unclassified seniority”.

Dated at Toronto, this 12th day of August, 2003.