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Grievance Settlement Board Dismisses Union Claims Over Work Schedule Changes

Strategic Insights

— 1 min read

The Grievance Settlement Board has ruled in favor of the Crown in Right of Ontario (Ministry of the Solicitor General) in a recent decision regarding work schedule changes at the Central North Correctional Centre. Ten employees, including Kristen Connolly, Candon Jackson, and Kelly Magloughlin, had filed grievances alleging that the Employer had violated Article COR 5 of the collective agreement by not providing 96 hours of notice of a change in their shift schedule on February 20, 2023. The grievances claimed that the employees should be remunerated at the premium rate for a statutory holiday shift. However, the Employer argued that this was not a change to the shift schedule, but rather an advisory that employees were not required to work on the statutory holiday.

Key Takeaways:

  • The Grievance Settlement Board dismissed the union's claims over work schedule changes, ruling in favor of the Crown in Right of Ontario (Ministry of the Solicitor General).
  • The Board found that the Employer was within its rights to determine that it did not need the grievors to work on the 2023 Family Day statutory holiday, and it so advised them.
  • The grievors were not scheduled to work on the day in question and were paid in accordance with the collective agreement for that un-worked holiday.
  • The Employer relied on earlier Board decisions, including OPSEU (Patricia Sim) and the Crown in Right of Ontario (Ministry of Correctional Services), GSB File No. 1293/87, October 11, 1988, to support its position.
  • The Board did not find that the Employer's actions constituted a change to the grievors' shift schedules, and therefore, no 96 hours of notice was required.

Statistics:

  • 10 employees filed grievances over work schedule changes at the Central North Correctional Centre.
  • The grievances were filed under Article COR 5 of the collective agreement.
  • The Employer provided 88 hours of notice to the grievors, rather than the 96 hours required under Article COR 5.
  • The Employer paid the grievors in accordance with the collective agreement for the un-worked holiday.
  • The Grievance Settlement Board issued its decision on May 14, 2024.

Sources:

  • Ontario Public Service Employees Union (OPSEU) vs. Crown in Right of Ontario (Ministry of Correctional Services), GSB File No. 1293/87, October 11, 1988.
  • G.S.B. 338/83 and 339/83 (Birse) decision.

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