MEMORANDUM OF AGREEMENT
between
Ontario Public Service Employees Union (OPSEU)
(the “Employer”)
and
Ontario Public Service Staff Union (OPSSU)
(the “Union”)
WHEREAS the Union filed a Policy grievance regarding Hours of Work dated July 11,
2019 (Grievance Number: 2019-37), and the Union filed three (3) individual grievances
regarding Hours of Work (Grievance Numbers: 2019-38, 2019-43, and 2019-45) (the
“Grievances”);
AND WHEREAS the Policy Grievance was referred to arbitration before Arbitrator Larry
Steinberg;
AND WHEREAS Arbitrator Steinberg issued an arbitral award in respect of the
Grievance on January 11, 2021 (the “Award”);
AND WHEREAS the Union filed one other individual grievance regarding Hours of Work
(Grievance Number: 2019—52) and the Parties agree that the Award disposes of
Grievance Number: 2019-52;
AND WHEREAS after the receipt of the Award, the Union sought additional clarification
of the Award by requesting additional hearing dates from Arbitrator Steinberg;
AND WHEREAS after the receipt of the Award, the Union sought judicial review of the
Award;
AND WHEREAS the Parties agree that it is a very rare occurrence the Pro-Tech
employees do not perform any work on any given day (Monday to Friday), thereby
recording a zero (0) on their timesheets for that day;
NOW THEREFORE, the Parties wish to fully and finally resolve any outstanding issues
related to the Grievances and Award without further recourse to litigation, and without
prejudice or precedent to any other issues between them on the following terms:
1. The Parties agree that should an employee, on a very rare occurrence, wish to
record a zero (0) on any given day (Monday to Friday) when they have worked
between thirty-five (35) and forty-two (42) hours in a work week, they must seek
prior written approval from their Supervisor; such approval shall not be
unreasonably denied and shall be attached to their electronic timesheets.
2. The Parties agree that Pro-Tech employees’ work week consists of work
between thirty-five (35) and forty-two (42) hours per week.
3. The Parties agree that Article 27.01.01 will continue to be in force and effect.
With the introduction of electronic timesheets, the Employer affirms its right to
enforce this Article.
4. Subject to Paragraph 1 of this MOA, the Parties agree that, for Pro-Tech
employees, there are no set number of hours of work on any given day (Monday
to Friday).
5. Subject to Paragraph 1 of this MOA, the Parties agree that Pro-Tech employees
shall not be required to seek prior approval to cease working at the end of the
work week, provided that they have worked between thirty-five (35) and forty-two
(42) hours that week.
6. Within seven (7) days, the Union shall advise Arbitrator Steinberg that it no
longer requires additional hearing dates with respect to the implementation of the
Award.
7. Within seven (7) days, the Union shall withdraw its Application for Judicial
Review of the Award.
8. The Parties agree that unless and until the relevant Collective Agreement
language is anged, this Agreement shall remain in force.
Signed ated on February 26, 2021:
F r the : For the Union
W
Bob Eaton Lois Boggs