GSB# 2003-3789, 2003-3790, 2003-3791, 2004-0806, 2005-0297, 2005-0298, 2005-0299, 2005-1731
UNION# 2004-0331-0003, 2004-0331-0004, 2004-0331-0005, 2004-0331-0011, 2005-0331-0010, 2005-0331-0011, 2005-0331-0012, 2005-0331-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Lewis et al.)
Union
- and -
The Crown in Right of Ontario (Ministry of Health and Long-Term Care)
Employer
BEFORE
Janice Johnston
Vice-Chair
FOR THE UNION
David Wright Ryder Wright Blair & Holmes LLP Barristers and Solicitors
FOR THE EMPLOYER
Len Hatzis Counsel Ministry of Government Services
HEARING
October 24, 2006.
Decision
This case has a long history. Some of the grievances before me date back to 2001. On November 5, 2002, the parties signed Minutes of Settlement which dealt with a compressed work week (CWW) arrangements at the Whitby Mental Health Centre. By decision dated December 11, 2005, I dealt with two preliminary motions made by the Ministry to dismiss three grievances which had arisen pursuant to the CWW. Since that time, the parties have continued to be in dispute with regard to the interpretation of certain aspects of the CWW.
A hearing was scheduled for October 24, 2006. After hearing and carefully considering the submissions of the parties and having regard to the unique fact situation arising out of the Whitby Mental Health Centre CWW agreements, I hereby make the following declarations to clarify the terms of the CWW agreements in place at Whitby Mental Health Centre as of March, 2006:
The CWW agreements do not require any annual review of the continuation of a CWW arrangement for any particular unit. A review will only be required if requested by employees or if management is contemplating terminating the agreement for a particular unit for reasons including but not limited to patient care, cost or operational requirements;
If a review does occur and the employer chooses to hold a vote:
a. non-nursing staff will not vote on nursing schedules;
b. part-time and temporary staff will not vote; and
c. only returned ballots will be counted in determining the result;
The CWW agreements do not require that team leaders/facilitators must work an 8-hour shift in all circumstances;
The CWW agreements do not require that 15% of staff on a given unit work 8-hour shifts, only that up to 15% of staff on a unit may be required to work 8-hour shifts if operationally or clinically required; and
The CWW agreements do not require any change to pre-existing shift change policies, practices or agreements.
In the event that the parties have any difficulties with the interpretation or implementation of this award I shall remain seized. The grievances are hereby terminated.
Dated in Toronto, this 30^th^ day of October, 2006