Ontario Public Service Employees Union v. The Crown in Right of Ontario (Management Board Secretariat), 2004 CanLII 55414

GSB# 2003-2371, 2003-3130

UNION# 2003-0999-0031, 2003-0468-0006

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 (Management Board Secretariat)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Marnie Niemi Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Fateh Salim Counsel Management Board Secretariat

HEARING

June 9 & 11, 2004.

Decision

On August 11, 2003, there was a power outage that encompassed a huge geographical area including most of Ontario. As the result of that situation a number of disputes arose between the parties. After the first day of hearing, the parties agreed to the following terms to be issued in a consent award:

1. A widespread power outage occurred on August 11, 2003 at 4:11 p.m.
2. The premier declared a provincial emergency at approximately 10:00 p.m. on August 14, 2003 under The Emergency Management Act.
3. The provincial emergency was lifted on August 22, 2003.
4. During this emergency Ontario government ministries were asked to contact their employees and to advise the employees not to attend work unless specifically asked to do so by their managers.
5. Employees were advised that the government of Ontario would pay regular full and part-time classified and unclassified employees for the days they were requested not to report to work during the power emergency.
6. Irregularly scheduled and unclassified employees were advised they would be paid based on a schedule estimate using the average number of hours worked per week over the 13 weeks prior to the power emergency and that any adjustments would be made as necessary in the following pay period.
7. There is no dispute between the parties that the period of August 14 to August 24, 2003:

(a) Was not a strike or a lockout and that Essential and Emergency Services Agreements under CECBA did not apply to this period;

(b) Was not a declared public holiday.

The parties further agreed:

(i) Vacation credits previously requested and approved for this period remain as vacation time;

(ii) All the provisions of the Collective Agreement continued to apply;

(iii) Previously scheduled compressed work week credits and accrual remain unaffected.

8. The parties will meet to discuss individual grievances. Vice Chair Briggs will remain seized of any grievances which remain unresolved following these discussions.
9. The Union agrees to provide the Employer with the outstanding grievances by December 12, 2003.
10. The Union and Employer agree to continue to waive timeliness with respect to these grievances.

It was agreed that I would hear all further outstanding matters between the parties. At the time of the first hearing there were approximately eight hundred various individual disputes. The parties worked diligently and as of the beginning of the three continuing days of hearing there were only a few dozen matters that remained outstanding. One further hearing date remains. It was requested that a decision be issued on those matters dealt with to date.

As requested by the parties I will not set out the facts of the various grievances. I will simply state the disposition of the issues.

Accordingly:

1. Dispute regarding Greg Zikos (Hamilton Detention Centre) – dismissed.
2. Dispute of Cathy Crawford (Ministry of Health) – dismissed.
3. Dispute of Hans Witvoet (Ministry of Health) – upheld – 1 day to be taken as vacation.
4. Dispute regarding Leanne Young (Ministry of Health) – upheld – 3 days to be taken as vacation.
5. Dispute of Almas Hadibhai (Ministry of Health) – dismissed.
6. Dispute of Estrella Reyes (Ministry of Health) – dismissed.
7. Dispute regarding Bridget Sagolili (Ministry of Health) – dismissed.
8. Dispute of Juliana Kahn (Ministry of Health) – dismissed.
9. Dispute regarding Joan Warner-Griffin (Ministry of Health) – dismissed.
10. Dispute of Noella Kirkley (Ministry of Health) – dismissed.
11. Dispute regarding Kimberly Cranker (Ministry of Health) – dismissed.
12. Dispute of Trish MacLeod – upheld – 1 day to be taken as vacation.
13. Dispute regarding Donna Newton – dismissed.
14. Dispute of Carleitha Caines (Ministry of Health) – dismissed.
15. Dispute regarding Balbir Dhaliwal (Ministry of Health) – dismissed.
16. Dispute of Paula Gibney (Ministry of Health) – dismissed.
17. Dispute regarding Melanie White (Ministry of Health) – dismissed.
18. Dispute of Sue Nelson (Ministry of Health) – dismissed.
19. Dispute of Christine Salvas (Ministry of Health) – dismissed.
20. Dispute regarding Mary Viveiros (Ministry of Health) – dismissed.
21. Dispute of Ben Shirley (Ministry of Health) – dismissed.
22. Dispute of Trudy Droogh (Ministry of Health) – dismissed.
23. Dispute of Karen Kennedy (Ministry of Health) – upheld – 1 day of sick leave restored to bank.

A further hearing day will complete the outstanding matters and an additional award will be issued.

Dated in Toronto this 8th day of July, 2004.