Ontario Public Service Employees Union v. The Crown in Right of Ontario (Management Board Secretariat), 2005 CanLII 55193

GSB# 2003-2371, 2003-1821

UNION# 2003-0999-0031, 2003-0224-0008

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)

Union

• 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

July 16, 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. It was requested that a decision be issued on those matters dealt with at our last day of hearing. However, before I turn to those issues I informed counsel for both parties that I inadvertently stated in my decision dated July 5, 2004 that the grievance of Bridget Sagoli was dismissed. My decision should have said that her grievance was upheld and she was entitled to one day of vacation.

As requested by the parties I will set out neither the facts of the various grievances nor the reasons for my decisions. I will simply set out the disposition:

1. Grievance of Margie Luppacher – Ministry of Finance – dismissed.

2. Grievances of Wilson, Brookham, Langley, Fernando, Searson, Illman and Hillier – Ministry of Natural Resources – dismissed.

Dated in Toronto this 13^th day of January, 2005.