GSB #2018-3514
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Labourers' International Union of North America - Local 506 (Policy)
Union
- and –
The Crown in Right of Ontario (Metro Toronto Convention Centre Corporation)
Employer
BEFORE
Stephen Raymond
Arbitrator
FOR THE UNION
Alexis Mantello-Clement Labourers' International Union of North America, Local 506 Counsel
FOR THE EMPLOYER
Clifford Hart Borden Ladner Gervais LLP Counsel
HEARING
August 28, 2019
Decision
1This is a grievance in respect of the rate of pay for wait staff at the Employer as of January 1, 2019. There is no issue as to jurisdiction.
2The parties entered into an agreed statement of facts.
3It reads as follows:
AGREED STATEMENT OF FACTS
NOTE: The Employer and the Union (the “Parties”) have submitted this Agreed Statement of Facts without prejudice to any argument they may make in regard to the relevance or admissibility of any of the documents noted herein.
The Parties are subject to a Collective Agreement with a term of January 1, 2016 to December 31, 2019 (the “Collective Agreement”). [Exhibit A].
The Union filed a Group Grievance against the Employer on January 31, 2019 alleging that the Employer violated Article 3 and Schedule B and/or any other relevant Articles / Schedules that may apply, by not increasing the hourly rates on January 1, 2019 for all members employed in the Banquet Department (the “Grievance”). [Exhibit B].
The Grievance relates to Waitstaff within the Banquets Department.
The previous Collective Agreement between the Parties was effective from January 1, 2013 to December 31, 2015 (the “Previous Collective Agreement”).
Schedule B – Rates and Classifications of the Previous Collective Agreement included the Rate Schedule for all classifications [Exhibit C]. The wage rates for Waitstaff in the Banquets Department were as follows:
January 1, 2013 – $11.64
January 1, 2014 – $11.88
January 1, 2015 – $12.17
Following the expiration of the Previous Collective Agreement, the Parties engaged in collective bargaining. On or about June 22, 2016, the Parties entered into a Memorandum of Settlement (“MOS”) [Exhibit D], the concluding paragraph of which provided, in part, as follows: “Unless otherwise specified, all items will be effective upon ratification, subject to ratification by the Principals.”
Among other things, the Parties negotiated monetary wage increases. As set out in Exhibit D, the MOS provided, inter alia, at page 8:
Schedule B – Rate and Classification
Amend Article B.01 Rate Schedule
General Wage Increases
January 1, 2016 – 1.9%
January 1, 2017 – 2.3%
January 1, 2018 – 2.5%
January 1, 2019 – 2.9%
The MOS was ratified by the bargaining unit and by the Principals of both the Union and the Employer.
The General Wage Increases found in the MOS were converted from percentages into dollar amounts in the executed Collective Agreement. The full Rate Schedule is at pages 63 and 64 of the Collective Agreement.
The Collective Agreement Rate Schedule for Waitstaff is:
Department
Job Class
Jan 1 2016
Jan 1 2017
Jan 1 2018
Jan 1 2019
Banquets
Waitstaff
12.40
12.69
13.01
13.39
In addition to an hourly wage rate, Waitstaff receive gratuities, pursuant to Schedule F – Banquets, Section B – Gratuity Distribution (pages 84 – 86 of the Collective Agreement).
The minimum wage in Ontario was increased from $11.60 per hour to $14.00 per hour, effective January 1, 2018, pursuant to the amendments to the Employment Standards Act, 2000 (Bill 148). Minimum wage remains at $14.00 per hour in the Province of Ontario.
The only Job Class under Schedule B of the Collective Agreement in which the wage rate was lower than the legislated minimum wage increase was the Waitstaff classification, as indicated in paragraph 10 above, and at page 64 of the Collective Agreement.
On January 1, 2018, the wage rate for Waitstaff employees was increased to $14.00, in accordance with the Employment Standards Act, instead of the negotiated Wage Rate of $13.01.
On January 1, 2019, the Employer did not increase the Waitstaff classification wage rate any further, and it remained at $14.00 per hour.