GSB#2008-0903
UNION#2008-0119-0004
Additional Files - Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Lavereau et al)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Anastasios Zafiriadis & Frank Inglis Ontario Public Service Employees Union Grievance Officers
FOR THE EMPLOYER
Greg Gledhill & Sean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officers
HEARING SUBMISSIONS
February 18, 2009. July 17, 2009.
Decision
1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.
2These grievances all relate to an issue that arose with respect to the staffing at the institution between the hours of 1900 to 0700. In October 2006, the union processed a health and safety complaint alleging that the employer was not providing appropriate staffing for the hours in question. An inspector from the Ministry of Labour investigated and issued an order that the parties jointly, and together with the Joint Health and Safety Committee, should meet to discuss the matter and take “adequate measures and procedures as necessary” to ensure the safety of workers working on night shifts. The employer indicated that, as part of its compliance with the order, a “post audit” review would be conducted. The parties subsequently agreed to change the schedule to reflect the results of the post audit, moving from the previous 17 FTE lines, and creating a new schedule with 18 FTE lines. This necessarily resulted in changes for many, if not all, of the scheduled staff.
3After these changes, the ‘new’ line represented a shift between 1500 and 2300 hours. This line was filled but, when the incumbent was absent, the employer did not fill the time slot from 1500 to 1900. At the present, the employer regularly does not fill the line on the schedule for the period from 1500 to 1900. The union concedes, however, that this is consistent with the result of the post audit, which indicated a need for additional staff during the hours after 1900.
4The union raises two concerns. First, it takes the position that the employer is required to provide staffing for the period from 1500 to 1900. Second, the union asserts that the change to schedule was premised on this understanding. The employer responds that scheduling and staffing levels are a matter of management rights. To the extent that such staffing decisions are impacted by the employer’s response to the order of the Ministry of Labour, the employer submits that it is in full compliance with the order, and there is no evidence to the contrary.
5After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed.
Dated at Toronto this 28th day of September 2009.
Appendix A
Grievor
GSB Number
OPSEU File Number
Dan Iellamo
2008-1862
2008-0119-0020
Dan Iellamo
2008-1863
2008-0119-0021
Steve Guylee
2008-1864
2008-0119-0022
Steve Guylee
2008-1865
2008-0119-0023
Steve Guylee
2008-1866
2008-0119-0024
Steve Guylee
2008-1867
2008-0119-0025
Steve Guylee
2008-1868
2008-0119-0026
Eric Rudat
2008-1869
2008-0119-0027
Mike Breedyk
2008-1871
2008-0119-0029
Eric Rudat
2008-2066
2008-0119-0031
Eric Rudat
2008-2067
2008-0119-0032
Eric Rudat
2008-2068
2008-0119-0033
Steve Guylee
2008-2069
2008-0119-0034
Steve Guylee
2008-2070
2008-0119-0035
Steve Guylee
2008-2071
2008-0119-0036
Mike Breedyk
2008-2072
2008-0119-0037
Mike Breedyk
2008-2073
2008-0119-0038
Dan Iellamo
2008-2074
2008-0119-0039
John Hotson
2008-2101
2008-0119-0040
John Hotson
2008-2102
2008-0119-0041
John Hotson
2008-2103
2008-0119-0042
Mike Breedyk
2008-2385
2008-0119-0044
Steve Guylee
2008-2387
2008-0119-0046
Eric Rudat
2008-2587
2008-0119-0047
Steve Guylee
2008-2608
2008-0119-0049
Mike Breedyk
2008-2609
2008-0119-0050
Mike Breedyk
2008-2610
2008-0119-0051
Mike Breedyk
2008-2611
2008-0119-0052
Eric Rudat
2008-2612
2008-0119-0053```