GSB# 2005-1037, 2005-1038, 2005-1039, 2005-1040, 2005-1041, 2005-1042, 2005-1043, 2005-1044, 2005-1045, 2005-1046, 2005-1047, 2005-1048, 2005-1049, 2005-1050

UNION# 2005-0140-0001, 2005-0140-0004, 2005-0140-0005, 2005-0140-0006, 2005-0140-0007, 2005-0140-0008, 2005-0140-0009, 2005-0140-0010, 2005-0140-0011, 2005-0140-0012, 2005-0140-0013, 2005-0140-0014, 2005-0140-0015, 2005-0140-0016

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 et al.)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

M.V. Watters

Vice-Chair

FOR THE UNION

Gavin Leeb Barrister and Solicitor

FOR THE EMPLOYER

Len Hatzis Counsel Ministry of Government Services

HEARING

February 8, June 19 and September 29, 2006.

Decision

This proceeding arises from a Union grievance dated April 27, 2005 and from thirteen (13) individual grievances all dated May 9, 2005. The Union grievance states that "The Employer is in violation of Article UN-8 of the Collective Agreement, specifically but not exclusively". By way of the desired settlement, the grievance seeks the following: "Full redress. Cease and desist order". The individual grievances each claim that "the Employer is specifically but not exclusively in violation of article UN-8 of the collective agreement." As a remedy, they ask for "full redress and for the Employer to cease and desist this collective agreement violation."

On the first day of the hearing held on February 8, 2006, the parties outlined the factual context of the dispute during the course of their oral submissions. For purposes of this decision, the relevant facts and circumstances may be summarized as follows:

i. In the period material to this case, the thirteen (13) individual grievors were all classified as Transportation Enforcement Officer 2. All of the grievors then worked out of the Windsor South Truck Inspection Station. The Position Description Report (PDR) for the position of Transportation Enforcement Officer 2 describes the purpose of the position in the following terms: "Within an assigned geographic area, to enforce and ensure compliance with legislation, regulations, and industry standards pertinent to the safe, efficient, and legal operation of all types of vehicles on the highway system". Transportation Enforcement Officers 2 perform their duties at Inspection Stations and when out on "patrol";

ii. The individual grievors worked under a Compressed Work Week Arrangement, as provided for by Article 10 of the Central Collective Agreement. More specifically, I was told that they worked three (3) shifts per week, each of twelve (12) hours duration;

iii. A special project, referred to as the Truck Response Unit (TRU), was initiated by the Employer in or about April, 2005. The initiative was a response to an expressed concern that an excessive number of unsafe vehicles were operating on certain roads and highways within the Province. As a consequence, teams of approximately six (6) Transportation Enforcement Officers were put together to "blitz" certain areas deemed to be problematic. Of relevance here, is the fact that one (1) such team was brought in from outside the Windsor District to perform this work. The team was comprised of Transportation Enforcement Officers from London, Sarnia, Kitchener and Barrie. I was led to believe that they performed