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Home My WebLink About2002-1928.Policy.08-02-22 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2002-1928 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Association of Management, Administrative and Professional Crown Employees of Ontario (Policy Grievance) Association - and - The Crown in Right of Ontario (Ministry of Government and Consumer Services) Employer BEFORE Richard Brown Vice-Chair FOR THE UNION Michael Mitchell Sack Goldblatt Mitchell LLP Barristers and Solicitors FOR THE EMPLOYER David Strang Senior Counsel Ministry of Government and Consumer Services HEARING February 19, 2008. 2 Decision The Association contends the Ministry of Health and Long-Term Care has failed to implement the terms of a number of settlements. Some of them are the subject of a consent order, dated December 17, 2007, dealing with the Ministry’s earlier failure to implement those settlements. The association’s claim is detailed in the attached letter dated February 15, 2008. Having heard the submissions of the parties, I make the following directions: 1. A hearing is scheduled for 5:00 pm. on February 27 to address the employer’s alleged failure to comply with the consent order relating to some of the settlements in question. 2. The employer’s alleged failure to implement the remaining settlements will be addressed at the hearing already scheduled for March 10. 3. The employer is directed to produce by February 28 all documents relating to: • posting and filling the positions listed in paragraph 5 of the letter of February 15 • termination of the non-public servants listed in paragraph 6 of the letter • conversion into unclassified positions of the non-public servants listed in paragraph 7 of the letter • termination of the non-public servants listed in paragraph 8 of the letter • creation of the unclassified position mentioned in paragraph 9 of the letter • termination of the non-public servants listed in paragraph 11 of the letter. Issued at Toronto this 22nd day of February 2008 Richard Brown Vice-Chair C. Michael Mitchell Direct Line: 416-979-6417 mmitchell@sgmlaw.com Our File No. 02-1012 February 15, 2008 Via Facsimile - 416-325-9404 Mr. David Strang Senior Counsel Ministry of Government Services Room 228, Frost Building South 7 Queen's Park Crescent Toronto, Ontario M7A 1Z5 Dear Mr. Strang: Re: Compliance with the Order of the Grievance Settlement Board dated December 17, 2007, and with other Minutes of Settlement ________________________________ The Association will be raising all the matters below with Vice-Chair Brown on Tuesday, February 19, 2008. Vice-Chair Brown is being copied with this letter. A. Obligations under the Consent Order Under the Order of the Board dated December 17, 2007 (“the Consent Order”), a number of employer obligations were to be complied with on or before December 31, 2007 and January 31, 2008. According to my client’s best information, the employer has failed to fully comply with the following obligations under the Consent Order: 1. The Employer’s obligation under paragraph 3 of the Consent Order to post and fill, not later than January 31, 2008, the 12 positions listed in paragraph 1 of the Acute Services and Community Health (“ASCH”) Minutes of Settlement dated May 17, 2007. Paragraph 3 of the Consent Order reads: Acute Services and Community Health Divisions 3. The positions listed in paragraph 1 of the settlement dated May 17, 2007 will be filled not later than January 31, 2008. AMAPCEO will be provided with a copy of the postings and a letter advising it of the name and position number (if there is a position number) of the successful applicants not later than January 31, 2008, together with job specifications for the positions. 2 Our client has not been provided with proof that an AMAPCEO classified position consistent with position number 9 of the list has been posted and filled. Position number 9 was a Senior Policy/Business Analyst in Blood Programs in ASCH. 2. The issue raised in paragraph 1 of this letter is without prejudice to the AMAPCEO position: (a) that by posting a number of positions in Health System Information Management (“HSIM”) on February 1st, 2008, the Ministry did not fulfill its obligation under paragraph 3 of the Consent Order to post and fill 11 other classified positions (number 52, 54, 55, 57, 58, 59, 60, 63, 64, 65, 66), and (b) that the Ministry’s undertaking not to post and fill a number of positions in the Health Data Branch of HSIM until after February 1st, 2008 did not prevent the Ministry from complying with paragraph 3 of the Consent Order, as the Consent Order and the undertaking pertain to different sets of positions. This issue will be subject of ongoing settlement discussions between the parties at the Grievance Settlement Board on Tuesday, February 19th, 2008. 3. The Employer’s obligation under paragraph 4 of the Consent Order to terminate, not later than January 31, 2008, the non-public servants referred to in paragraph 2 of the ASCH Minutes of Settlement dated May 17, 2007, and to provide AMAPCEO with a copy of the respective letters of termination. Paragraph 4 of the Consent Order reads: 4. The non public servants referred to in paragraph 2 of the settlement dated May 17, 2007 will be terminated not later than January 31, 2008, and AMAPCEO will be provided with a copy of the letters to all the non public servants advising them of their termination, not later than January 31, 2008. The Ministry has failed to terminate the following three non-public servants by January 31, 2008, since these individuals continue to be engaged by the Ministry: 64 ASCH Kevin Yu Information Management Coordinator 65 ASCH Iris Malig Information Management Analyst 82 AS/CH Maureen McCallister Senior Level Financial Management Support 3 4. The Employer’s obligation under paragraph 5 of the Consent Order to terminate, not later than December 31, 2007, those among the non-public servants listed in paragraph 3 of the ASCH Minutes of Settlement dated May 17, 2007 who had not yet been terminated, and to provide AMAPCEO with a copy of the respective letters of termination. Paragraph 5 of the Consent Order reads: 5. Some of the non public servants listed in paragraph 3 of the Minutes of Settlement have been terminated. All others will be terminated not later than December 31, 2007 and, not later than December 31, 2007, AMAPCEO will be provided with a copy of the letters to all the non public servants advising them of their termination. However, if the person was terminated prior to the date hereof, then the Director of the Division (or, if the Director is no longer employed by MOHLTC, the Director of Human Resources) shall certify to AMAPCEO not later than December 31, 2007 the last date on which the person performed services. AMAPCEO may then pursue payments with respect to any such persons not terminated until after June 30, 2007, save and except for numbers 70,73,82,87 and 89 who will be terminated not later than December 31, 2007, and the payment issues in respect of those persons is included in paragraph 7. The Ministry may have re-engaged a non-public servant who, under paragraph 5 of the Consent Order, the Ministry had an obligation to terminate not later than December 31, 2007. That non-public servant is Teresita (Tessie) Pajaro (position number 73): Although the Ministry has given AMAPCEO confirmation of Ms. Pajaro’s termination by December 31, 2007, it appears from Ms. Pajaro’s voicemail message that Ms. Pajaro has been re-engaged to work at the Ministry. Throughout the month of January, Ms. Pajaro’s voicemail stated that she would be away for the month of January. Her voicemail currently states that she is in the office during the week of February 11th. In order to determine whether the Ministry is in compliance with the Consent Order with respect to Ms. Pajaro, AMAPCEO requires confirmation of whether Ms. Pajaro has returned to the Ministry’s employment subsequent to her apparent termination on or before December 31, 2007, and whether she has done so as either a public servant or a non-public servant. If Ms. Pajaro is now a public servant, please provide us with appropriate documentation showing her new employment status, her employee group, and the manner in which she was engaged, including without limiting the generality of the foregoing, a WEAR form and a job offer letter signed back by Ms. Pajaro. 73 AS/CH Teresita Pajaro Financial Analyst 4 B. Obligations outside the Consent Order AMAPCEO has not yet been provided with proof of the Ministry’s compliance with the following obligations in the settlements referred to below (none of which falls within the scope of the Consent Order). While the Employer is not obligated under some of the following settlements to provide the Association with proof of compliance, in light of the widespread non- compliance with previous settlements and orders, AMAPCEO has grounds to doubt the compliance of the Ministry with the following obligations: Public Health Division – Minutes of Settlement dated September 10, 2007 5. The Employer’s obligation under paragraph 1 to post and fill 5 full-time, classified AMAPCEO positions not later than December 10, 2007 (i.e., 90 days from September 10, 2007). Paragraph 1 of the Minutes of Settlement reads: 1. The Employer will create 5 (five) full-time, classified AMAPCEO bargaining unit positions in the Public Health Division consistent with the below, and so long as the work continues to be done, will maintain such positions as AMAPCEO bargaining unit positions. Such positions will be posted and filled in accordance with the collective agreement not later than 90 (ninety) days from the date hereof: File Branch Position 246 Infectious Diseases Branch Portal Knowledge Management Lead 261 Public Health I&IT Branch PHIIT Business Analyst 269 Public Health I&IT Branch Portal Operations & Stakeholder Engagement Lead 270 Public Health I&IT Branch Stakeholder Relations Lead 271 Public Health I&IT Branch e-Health Alignment AMAPCEO requires evidence forthwith that the 5 positions listed in paragraph 1 were posted and filled by December 10, 2007. 6. The Employer’s obligation under paragraph 2 to terminate the non-public servants performing the work associated with positions number 246, 261, 269, 270, and 271, above, not later than January 8, 2008 (i.e., 120 days from September 10, 2007). Paragraph 2 of the Minutes of Settlement reads: 2. The engagement of non-public servants to perform the work listed under file numbers 246, 261, 269, 270, 271 of Schedule A will cease within 120 days of the date hereof. The Employer will not use non-AMAPCEO personnel to perform the work in the future. 5 AMAPCEO requires evidence forthwith that the non-public servants to whom paragraph 2 refers were terminated by January 8, 2008. ASCH – Minutes of Settlement dated November 6, 2007 7. The Employer’s obligation under paragraph 1 to convert 11 non-public servants into unclassified AMAPCEO positions not later than February 4, 2008 (i.e., 90 days from November 6, 2007). Paragraph 1 of the Minutes of Settlement reads: 1. The Ministry will have 90 days from the date hereof to convert the “consultants” listed below to unclassified contracts in the Ministry, and so long as the work continues to be done, will maintain such positions as AMAPCEO bargaining unit positions. Position Name Start Date 10 Special Program Advisor Ethyl Doyle September 12, 2005 18 Systems Planning Consultant Barbara Nytko August 19, 2005 19 Project Analyst Catherine Park April 1, 2005 20 Senior Analyst Debbie Latter July 22, 2006 24 Program Consultant (part- time) Jean McCartney September 4, 2006 25 Systems Planning Officer Neil Vanderkooy September 4, 2006 28 Policy Advisor Stephen Reynolds February 6, 2006 39 Special Projects Coordinator David Thornley August 15, 1994 44 Manager Chronic Disease Management Program Joan Canavan April 1, 2004 49 Program Analyst Joan Mongeon January 29, 2001 51 Office Administrator John Goodwin January 6, 2003 AMAPCEO requires evidence forthwith that the 11 non-public servants listed above were put into unclassified AMAPCEO bargaining unit positions by February 4, 2008 (e.g. WEAR forms and job offer letters signed back by the non-public servant), or that they were terminated because they declined the unclassified positions they were offered. 8. The Employer’s obligation under paragraph 9 to terminate the non-public servants performing the work of positions 31, 32 and 40, not later than February 4, 2008 (i.e., 90 days from November 6, 2007). Paragraph 9 of the Minutes of Settlement reads: 9. The engagement of non-public servants to perform the work listed under numbers 31, 32, 40, on Schedule A will cease within 90 days of the date hereof. 6 The Ministry will not use non-AMAPCEO personnel to perform the work performed by those persons in the future. AMAPCEO requires evidence forthwith that the 3 non-public servants listed above were terminated by February 4, 2008. 9. The Employer’s obligation under paragraph 13 to replace a non-public servant with an AMAPCEO employee on an unclassified contract. Paragraph 13 of the Minutes of Settlement reads: 13. The “consultant” listed in position 40 has resigned and will be replaced with an AMAPCEO employee on an unclassified contract. AMAPCEO requires evidence forthwith that an unclassified AMAPCEO position consistent with position number 40 has been created. 10. The Employer’s obligation under paragraph 15 to pay AMAPCEO, not later than November 30, 2007, the sum of $62,391.00. Paragraph 15 of the Minutes of Settlement reads: 15. The Employer will pay AMAPCEO forthwith, and not later than Nov 30, 2007, the sum of sixty-two thousand three hundred and ninety one ($62,391.00) in full and final settlement of the BUI issues regarding those aspects of the list described above. To date, the Ministry has not issued a cheque payable to AMAPCEO in the abovementioned amount. HSIM – Minutes of Settlement dated December 6, 2007 11. The Employer’s obligation under paragraph 1 to terminate the non-public servants listed in the table therein not later than the date set out in the said table, and to provide AMAPCEO with either a copy of the respective letters of termination, or a written certification from the Director or the Human Resources Director. Paragraph 1 of the Minutes of Settlement reads: 1. If they have not already been terminated, the non public servants listed below shall be terminated not later than the date set out in the table below. AMAPCEO will be given copies of all the termination letters if the person has yet to be terminated as of this date, or if the persons have already been terminated, the Director (or if the Director is no longer employed by MOHLTC, the Human Resources Director) will certify in writing to AMAPCEO that the person has been terminated on the date set out below. Further, with respect to the work of 7 the personnel listed below, the Ministry will not use non-AMAPCEO personnel to perform the work performed by them after their termination. Number Date of Termination 333 Prior to Dec. 4, 2007 334 August 31, 2007 336 August 31, 2007 344 October 12, 2007 345 Prior to December 4, 2007 346 December 31, 2007 348 December 31, 2007 350 September 2007 351 December 31, 2007 ... 356 Prior to December 4, 2007 AMAPCEO requires evidence forthwith that the 10 non-public servants performing the work of positions 333, 334, 336, 344, 345, 346, 348, 350, 351 and 356, were terminated not later than the dates set out in the table above. 12. The Employer’s obligation under paragraph 4 to pay AMAPCEO, not later than December 31, 2007, the sum of $26,284.00. Paragraph 4 of the Minutes of Settlement reads: 4. The employer will pay AMAPCEO forthwith, and not later than December 31, 2007, the sum of twenty-six thousand two hundred and eighty-four dollars ($26,284.00) in full and final settlement of the BUI issues regarding those aspects of the list described above. To date, the Ministry has not issued a cheque payable to AMAPCEO in the abovementioned amount. Ministry of Health Promotion – Minutes of Settlement dated December 6, 2007 13. The Employer’s obligation under paragraph 2 to pay AMAPCEO, not later than January 6, 2007, the sum of $1,550.00. Paragraph 2 of the Minutes of Settlement reads: 2. The Employer will pay AMAPCEO, forthwith and not later than January 6, 2007 the lump sum of fifteen hundred and fifty dollars ($1550.00) in full and final settlement of all bargaining unit integrity issues in respect to the Ministry of Health Promotion. 8 To date, the Ministry has not issued a cheque payable to AMAPCEO in the abovementioned amount. Yours Truly, C. Michael Mitchell CMM:hln cope 343 c.c. Mr. Richard Brown F:\DOC\AMAP\02-1012\00144377.DOC