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HomeMy WebLinkAbout2002-1928.Union Grievance.03-08-08 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 (Union) Grievor - and - The Crown in Right of Ontario (Management Board Secretariat) Employer BEFORE Richard Brown Vice-Chair FOR THE UNION Andrea Bowker Sack Goldblatt Mitchell FOR THE EMPLOYER Stephen Patterson Associate Director, Labour Practice Group Management Board Secretariat CONFERENCE CALL August 7, 2003 2 DECISION This decision relates to the following disclosure order issued on July 14, 2003: 1. The employer shall provide to the association a list of the names of all people, save those expressly excluded by paragraph 5 below, not formally designated as employees, who are engaged for a period of more than ninety days, which period includes a common baseline date for all individuals, to perform work requiring regular attendance at one or more sites controlled by the employer. 2. The list shall be accompanied by information about each individual including the start and end dates of the engagement, the geographic location, the type of work and the current designation of the individual’s relationship with the employer. The precise scope of the information to be provided may be determined through agreement of the parties or by this board on the application of either party. 3. The list and accompanying information shall be provided by September 4, 2003, one week before the next hearing date, for one of the six ministries surveyed by the provincial auditor. That ministry shall be selected through agreement of the parties or by this board on the application of either party. 4. The baseline date for disclosure under paragraph 3 above shall be the date of this decision unless varied through agreement of the parties or by this board on the application of either party. 5. The list described in paragraph 1 above shall not include people in any category not arguably involving work of the bargaining unit, such categories to be determined through agreement of the parties or by this board on the application of either party. 6. The date of September 4, 2003 in paragraph 3 above may be varied through agreement of the parties or by this board on the application of either party. 7. The period of ninety days and the requirement for regular attendance in paragraph 1 above may be varied through agreement of the parties or by this board on the application of either party. The July 14 order for disclosure is hereby given greater specificity or amended as set out below: a) The ministry for which information is to be provided shall be Management Board Secretariat. b) The information to be disclosed is listed in Appendix A. c) This information shall be provided by October 3, 2003. d) The baseline date shall be the date of this order. 3 e) Before excluding anyone on the ground he or she does not “perform work requiring regular attendance at one or more sites controlled by the employer”, the employer shall notify AMAPCEO of the proposed exclusion. Either party may refer any dispute about such an exclusion to this board for resolution. f) The employer shall make best efforts to provide by September 5, 2003 notice of any exclusions proposed under either paragraph e) above or paragraph 5 of the order dated July 14. In any event, notice of all proposed exclusions shall be provided no later than September 19. Notice under this paragraph shall be accompanied by brief reasons for each proposed exclusion. AMAPCEO requested that the employer be directed to provide to it a draft copy of the instructions issued to Management Board Secretariat relating to disclosure. I decline to grant this request. So long as disclosure is provided as ordered, the method by which this is accomplished is for the employer to determine. The employer has agreed to provide to all ministries a copy of this order as well as a copy of the order dated July 14. Dated at Toronto, this 8th day of August 2003. Richard M. Brown, Vice-Chair 4 APPENDIX ‘A’ 1. Name of individual and their contact information; 2. Name of current position, or if there is no specified position name, information as to the nature of the work performed (for example, a job description, or a task description or list) and the name of the project (if applicable); 3. The first date on which this individual was employed in respect of or worked on the task or tasks in question, and the length or expected length of the engagement; 4. If the task or tasks have been performed by more than one individual in succession, the first date on which the task or tasks were performed, and the name of the individual or individuals who performed the work, and the dates on which he or she commenced performance of the work in question; 5. Method of payment – hourly, daily, weekly, on a project basis, or any other compensation arrangement; 6. The number of hours billed to the Crown by or in relation to the individual in question, where applicable; 7. Work location. Unless the employer specifies, it is assumed that the individual works on the employer’s premises; 8. Name of ministry “contact” person and/or supervisor, where applicable; 9. Equipment and tools used and whether these are supplied by the employer; and 10. The name of the agency, transfer payment agency, or firm through which the individual or the work is supplied, where applicable.