Ontario Public Service Employees Union (Pletikos) v. The Crown in Right of Ontario (Ministry of Community and Social Services), 2010 CanLII 42122

GSB#2009-0911

UNION#2009-0586-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pletikos)

Union

• and -

The Crown in Right of Ontario (Ministry of Community and Social Services)

Employer

BEFORE

Reva Devins

Vice-Chair

FOR THE UNION

Robin Gordon Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Les Trimble Ministry of Community and Social Services Employee Relations Advisor

HEARING

June 15, 2010.

Decision

1The grievor, Mr. Frank Pletikos, filed a grievance with respect to the rescheduling of a co-worker’s compressed work week scheduled day off.

2The Employer concedes that it moved an employee’s scheduled day off outside of the three week limit prescribed by Article 2.3 of the Compressed Work Week Agreement with Local 586. The Employer did not change the grievor’s scheduled day off. The parties agree that the appropriate remedy is a declaration that the Employer breached the Agreement.

3In light of the Employer’s admission and the parties’ submission on remedy, I find that the Employer breached Article 2.3 of the Compressed Work Week Agreement with Local 586 when it rescheduled a scheduled day off outside of the three week limit.