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HomeMy WebLinkAbout2002-1928.Policy.08-03-19 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 March 10, 2008. 2 Decision As requested by the parties, the attached Appendix A is hereby made an order of the Board. Dated at Toronto this 19th day of March 2008 Richard Brown Vice-Chair 3 Appendix A MINUTES OF SETTLEMENT AND CONSENT ORDER WHEREAS the Employer and the Association have entered into Minutes of Settlement dated September 10, 2007, November 6, 2007, December 6, 2007 and December 6, 2007 (collectively the "Minutes"); AND WHEREAS the Board has issued an Order on consent of the parties dated December 17, 2007 addressing the Employer's failure to comply with Minutes of Settlement dated April 5, 2007 and May 17, 2007 (the "Consent Order"); AND WHEREAS the Employer has failed to comply with certain provisions of the Minutes and the Consent Order; THE PARTIES AGREE THAT THE BOARD SHALL ISSUE THE FOLLOWING DECLARATIONS AND ORDER, ON CONSENT OF THE PARTIES: 1. The Board Makes the Following Declarations: The Employer has violated the Minutes and Settlement and the Consent Order by failing to: (a) Post and fill a position consistent with position number 246 by December 10, 2007; (b) Post and fill positions consistent with positions number 261, 269, 270 and 271 by December 10, 2007; (c) Produce all documents relating to the posting and filling of positions number 261, 269, 270 and 271 by February 22, 2008; (d) Terminate the non-public servants performing the work of positions number 261, 269 and 270 by January 8, 2008; (e) Convert the “consultants” performing the work of positions number 10, 18, 20, 24, 25 and 44 into unclassified contracts by February 4, 2008; (f) Convert the “consultant” performing the work of position number 51 into an unclassified contract by February 4, 2008; (g) Produce the documents pertaining to the conversion into unclassified positions of the “consultants” performing the work of positions number 28, 39 and 44 by February 28, 2008; 4 (h) Pay AMAPCEO the amount of $62,391.00 in full and final settlement of the BUI issues covered by the ASCH Minutes of Settlement dated November 6, 2007, by November 30, 2007 (i) Terminate the non-public servant performing the work of position number 351 by December 31, 2007; (j) Pay AMAPCEO the amount of $26,284.00 in full and final settlement of the BUI issues covered by the HSIM Minutes of Settlement dated December 6, 2007, by December 31, 2007; (k) Pay AMAPCEO the amount of $1,550.00 in full and final settlement of the BUI issues covered by the Ministry of Health Promotion Minutes of Settlement dated December 6, 2007, by January 6, 2008; (l) Fill one full-time classified AMAPCEO bargaining unit position consistent with positions number 105 and 106 by February 28, 2008; (m) Provide AMAPCEO with evidence that one full-time classified AMAPCEO bargaining unit position consistent with positions number 105 and 106 was filled by February 28, 2008; (n) Post and fill a full-time classified AMAPCEO bargaining unit position with respect to position number 109 not later than February 28, 2008; (o) Provide AMAPCEO with the job ad and the job specification for the position of Senior Program Consultant created with respect to position 109 by February 28, 2008; and (p) Provide AMAPCEO with evidence that Elizabeth Wong, the non-public servant performing the work of position number 175, was either terminated by December 31, 2007, or put into an AMAPCEO unclassified contract with a duration of no more than six months; and by: (q) Engaging non-public servant Howard Deane to perform AMAPCEO bargaining unit work with respect to position number 246. 2. The Board Orders that the Employer: (a) Post and fill positions consistent with positions number 261, 269, 270 by May 1, 2008 and 271 by June 1, 2008; (b) Produce to AMAPCEO all documents relating to the posting and filling of positions number 261, 269, 270 by May 1, 2008 and 271 by June 1, 2008; (c) Terminate the non-public servants performing the work of positions number 18, 24 and 25, namely Barbara Nytko, Jean McCartney and Neil Vanderkooy, 5 respectively, or put them into AMAPCEO unclassified bargaining unit positions not later than March 14, 2008; (d) Cease to use non-public servant Joan Canavan to perform the work of position number 44 by March 14, 2008; (e) Post an unclassified AMAPCEO bargaining unit position consistent with position number 44 forthwith, and fill such position not later than May 1, 2008; (f) Pay AMAPCEO the amount of $62,391.00 in full and final settlement of the BUI issues covered by the ASCH Minutes of Settlement dated November 6, 2007, not later than March 20, 2008; (g) Pay AMAPCEO the amount of $26,284.00 in full and final settlement of the BUI issues covered by the HSIM Minutes of Settlement dated December 6, 2007, not later than March 20, 2008; (h) Fill one full-time classified AMAPCEO bargaining unit position consistent with positions number 105 and 106 not later than May 1, 2008; (i) Provide AMAPCEO with evidence that one full-time classified AMAPCEO bargaining unit position consistent with positions number 105 and 106 was filled not later than May 1, 2008; (j) Provide AMAPCEO with the job ad and the job specification for the position of Senior Program Consultant created with respect to position number 109 not later than May 1, 2008; and (k) Post and fill a full-time classified AMAPCEO bargaining unit position consistent with IT Business Specialist with respect to position number 109 not later than May 1, 2008 3. The Board Orders that the Employer pay to the Association, not later than March 31, 2008, the sum of $15, 000.00. 4. The Board makes an Order that the Employer comply with all outstanding future obligations under the Minutes of Settlement, as amended by paragraph 2 above. 5. The Parties agree that the Orders set out in paragraph 2 above, resolve all violations of the Minutes and Consent Order set out in paragraph 1 above.