GSB# 2003-2405, 2003-2406, 2003-2409, 2003-2410, 2003-2411, 2003-2412, 2003-2413, 2003-2414, 2003-2415, 2003-2416, 2003-2417, 2003-2418, 2003-2419, 2003-2420, 2003-2421, 2003-2422, 2003-2423, 2003-2424, 2003-2425, 2003-2426, 2003-2427, 2003-2428, 2003-2429, 2003-2430, 2003-2431, 2003-2432, 2003-2433, 2003-2434, 2003-2435, 2003-2436, 2003-2437, 2003-2438, 2003-2439, 2003-2440, 2003-2441, 2003-2442, 2003-2443, 2003-2444

UNION#2003-0636-0006, 2003-0636-0007, 2002-0636-0007, 2002-0636-0008, 2002-0636-0009, 2002-0636-0010, 2002-0636-0011, 2002-0636-0012, 2002-0636-0013, 2002-0636-0014, 2002-0636-0015, 2002-0636-0017, 2002-0636-0018, 2002-0636-0019, 2002-0636-0020, 2002-0636-0021, 2002-0636-0022, 2002-0636-0023, 2002-0636-0024, 2002-0636-0025, 2002-0636-0026, 2002-0636-0027, 2002-0636-0028, 2002-0636-0029, 2002-0636-0030, 2002-0636-0031, 2002-0636-0032, 2002-0636-0033, 2002-0636-0034, 2002-0636-0035, 2002-0636-0036, 2002-0636-0037, 2002-0636-0038, 2002-0636-0039, 2002-0636-0040, 2002-0636-0041, 2002-0636-0042, 2002-0636-0043

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Paquette et al.)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Aimee Ableman Senior Staff Relations Officer Ministry of Health and Long-Term Care

HEARING

March 15, 2005.

Decision

These grievances all raise the issue of the right of employees working a compressed work week (CWW) to bank lieu time for hours worked on a statutory holiday. The employer had a practice in the past of allowing such employees to bank all hours earned on a statutory holiday as lieu time. However in June 2001 the employer advised the employees that it would be discontinuing this practice. From that time forward, the employer has permitted employees to bank 8 hours, under IHC13.2, plus an additional 3.5 hours under Art. 4 of the CWW agreement, for a total of 11.5 hours.

The grievors argue that the employer should not be permitted to adjust the practice, and that they should continue to have the ability to bank all hours earned on statutory holiday. The employer responds that the practice was in clear contradiction to the meaning of the collective agreement, as set out in the Bossence et al decision (GSB 1628/95, Feb. 22, 1999, Fisher), which provides that an employee has the option of taking all 31 hours as pay, taking 8 hours as lieu time and 23 hours as pay or taking 11.5 hours as lieu time and 19.5 as pay. The employer also argues that the grievances are untimely.

The parties agreed that this matter was to be dealt with under the mediation/arbitration procedure set out in Art. 22.16 of the collective agreement. The parties have also requested that I issue a decision without reasons.

Having carefully reviewed the evidence presented and the submissions of the parties, it is my view that the grievors’ rights are as set out in the Bossence et al decision. As a result, the grievances are dismissed.

Dated at Toronto, this 4th day of April, 2005.