GSB# 2003-2324
UNION# 2003-0430-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Samkovas et al.)
Union
- and -
The Crown in Right of Ontario (Ministry of Transportation)
Employer
BEFORE
Nimal V. Dissanayake
Vice-Chair
FOR THE UNION
Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Janet Sinclair Employee Relations Adviser Ministry of Transportation
HEARING
November 7, 2006.
Decision
A group grievance dated August 25, 2003 signed by some 28 employees (list of grievors attached as Appendix A) came before me for mediation-arbitration upon the agreement of the parties. The grievance states
We the undersigned hereby grieve that the employer has violated the collective agreement by administering its’ assignments of staff, regardless of pay levels, to the same work while paying staff performing such work at different rates of pay.
The remedy requested is set out as:
That the employer be found to have breached the agreement, that it comply with the agreement now and for the future and that all employees assigned to the work be compensated at the highest rate of pay which was paid to any employee performing such work, from the day such work began to be performed.
The parties filed relevant documentation during the mediation deliberations. It became apparent that the grievance related to the pay treatment of those employees who voluntarily took a temporary assignment to perform a project referred to as “vehicle resolve work”. Payment of employees on temporary assignment is governed by article 8 of the collective agreement. Following a review of the facts in light of the applicable provisions, the union acknowledged that, while the grievors may feel a sense of unfairness that employees performing the same work during the temporary assignment were paid at different rates, the method in which the employer compensated the employees was in compliance with the terms of article 8. In the circumstances, the union advised that it had no dispute with the employer arising out of the instant grievance.
Having regard to the facts of the case, the documentation filed, and the union’s concession of “no dispute”, the instant grievance is hereby dismissed.
Dated this 10^th^ day of November 2006 at Toronto, Ontario.
APPENDIX A
List of grievors
Marg Dean Nena Garfit
Simon Pancham Richard Hollywood
Jacqui Blake Oswald Kawall
Melissa Samkovas Michele Daly
John Richardson Steve Miller
Michael Metcalfe Ron Chesebrough
Susan McGeachie Vince McLaughlin
Dan Mingo Shelly Hopkins
Steve Warren Alex Maschi
Karen Ingoldsby Elena Mea
Betty Marshall-Craig Ghon Chand
Steve Paquette Vicky Gibson
Linda Clue Cindy Mills
Helen Steeves Parveez Maqbool