Ontario Public Service Employees Union (Lewis et al.) v. The Crown in Right of Ontario (Ministry of Health and Long-Term Care), 2007 CanLII 24179

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

CONFERENCE CALL

June 13, 2007.

Decision

This case has a long history. On November 5, 2002, the parties signed Minutes of Settlement which dealt with a compressed work week (CWW) arrangement at the Whitby Mental Health Centre. By decision dated December 12, 2005, I dealt with two preliminary motions made by the Ministry to dismiss three grievances which had arisen pursuant to the CWW.

By decision dated October 30, 2006, I issued an award which clarified the terms of the CWW arrangements in place at the Whitby Mental Health Centre. Paragraph two of that award stated:

2. 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;

It appears that there is some confusion concerning the meaning of the term “non-nursing staff” or conversely, who is included when the term “nursing staff” is utilized. A conference call was held on June 13, 2007 and counsel provided me with their submissions regarding the interpretation of the term.

In the decision dated December 12, 2005, paragraph two, the term nursing staff was defined to include RN’s, RPN’s and Patient Care Assistants (PCA’s). After carefully considering this matter I see no reason to vary the earlier interpretation given to the term in the December 12, 2005 decision.

Accordingly to be perfectly clear, when the term nursing staff is used in the CWW it includes RN’s, RPN’s and Patient Care Assistants (PCA’s).

In the event that the parties have any difficulties with the interpretation or implementation of this award I shall remain seized.

Dated in Toronto this 20^th day of June, 2007