GSB# 2000-0085
UNION# 00D229
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Ransier)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Tim Mulhall Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
April 14, 2004.
Decision
This grievance was placed before me by the parties in accordance with the mediation/arbitration procedure contemplated under Article 22.16 of the collective agreement.
As the parties were unable to reach a settlement, they asked me to rule on the matter and specifically requested that, in the interests of an expeditious resolution, I issue a decision without reasons. I note as well that, in accordance with Article 22.16.7 of the collective agreement, beyond determining the grievance before me, this decision shall have no precedential value unless the parties agree otherwise.
The grievors in this group grievance are seeking adjustments to their continuous service dates (“CSD”). Essentially, they claim that upon conversion to classified employment all hours worked as an unclassified employee and, in particular, hours worked in weeks where the total number of hours worked amounted to less than a "full-time weeks" should be considered for the purposes of determining CSD. In other words, they seek to have their hours worked treated in much the same fashion as hours worked by regular part-time classified employees are treated for purposes of establishing a CSD.
(The parties advised me that where less than full-time weeks are worked in conjunction with a compressed full-time workweek, the hours worked in those weeks are credited for the purposes of establishing a CSD. That is not an issue here. However, the current grievance goes further and seeks credit for all hours worked in all less than full-time weeks.)
Having considered the submissions of the parties and the specific distinctions identified in Article 18 of the collective agreement regarding the treatment of unclassified and classified service for the purposes of determining seniority, I am satisfied that this grievance is without merit and it is therefore hereby dismissed.
Dated at Toronto this 22nd day of April 2004.