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HomeMy WebLinkAboutDwyer-Sepic Group 00-12-19 IN THE MATTER OF AN ARBITRATION BETWEEN CHILD & YOUTH WELLNESS CENTRE OF LEEDS & GRENVILLE (the "Employer") - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION (the "Union") AND IN THE MATTER OF A GROUP GRIEVANCE (DWYER-SEPIC, GRIFFIN, BARRETT) (the "GrievorS") BEFORE: C. Gordon Simmons, Arbitrator APPEARANCES ON BEHALF OF THE EMPLOYER: Mr. Vince Panetta, Counsel And Others APPEARANCES ON BEHALF OF THE UNION: Mr. Eric O'Brien, Counsel And Others Hearings into this matter were held in Brockville, Ontario on June 21 and December 11, 2000. - 3 - At the commencement of these proceedings the parties entered into discussions with the purpose of settlement. They were successful and set out their terms of agreement as follows: 1. The Parties agree that, as of the date of this memorandum, there has been no substantial change in the Grievors' actual work duties. 2. The Employer agrees that the current job description for the Social Worker classification dated June, 1999, will not represent any significant revision to the actual work duties of the Social Workers. 3. The Employer confirms that Social Workers are not/will not be required to supervise or direct the decision or work of other employees, and are not accountable for the decisions or work of other employees. 4. The Parties agree to establish a sub-committee to include the Grievors and a Union representative for full and informed discussions of the Social Worker job description, and, at minimum, with a view to develop written guidelines and policies with respect to "clinical leadership, consultation, research and in- service training". 5. The Employer agrees that the nature and scope of the clinical leadership currently performed by each Social Worker will not be changed from the date of this memorandum until the conclusion of the process referred to in Paragraph 4. 6. The Employer confirms that Social Workers may self-schedule informal consultation discussions during regular working hours. 7. The Union and the Grievors agree that the above-noted grievance is withdrawn. 8. The Parties agree that this memorandum is entirely without precedent or prejudice to their respective positions in any future or similar matters. 9. The Parties agree that Professor Simmons is seized of all issues arising from the implementation of this memorandum. Dated at Brockville, June 21, 2000. Henry Brugma Sally Wills For the Union Verity Barritt - 4 - For the Grievor Patrice Dwyer-Sepic For the Grievor Mary Louise Griffin For the Grievor Subsequent to June 1 discussions took place concerning para. 6 which resulted in the parties having differences of opinions as to its meaning. A further hearing was convened in Brockville on December 11 at which time the parties entered into further discussions with a view to resolving any differences that may have existed with respect to para. 6 in the Memorandum of Settlement. During the course of these discussions the parties entered into a further understanding which they refer to as an "Addendum" which they have agreed more properly incorporates their intent when they made their agreement on June 21, 2000. The addendum reads as follows: 10. The Parties agree that the Social Workers may self-schedule up to 12 meetings per year, of up to 4 hours per meeting inclusive of travel time, and during working blocks, to discuss issues arising from "clinical leadership, consultation, research and in-service training," the content of the meetings to be determined by the Social Workers. 11. The Social Workers shall inform their respective Program Directors of the time and place of any meetings scheduled, and the Program Directors shall approve the schedule where operationally feasible. 12. The Parties agree that one Program Director may attend any scheduled meeting. 13. The Parties agree that this Addendum shall be revisited for discussion by the Parties after one year, and may be amended with mutual agreement following that time frame. 14. The Parties agree that this Addendum shall remain in force for 15 months after which it may be discontinued by either Party, with 30 days written notice to the other Party. 15. The Parties agree that this Addendum shall be without prejudice or precedent to any future matters. - 5 - 16. The Parties agree that the Memorandum of Settlement and this Addendum shall be issued as an order of the Board of Arbitration which shall remained seized. - 6 - Dated at Brockville, December 11, 2000. Henry Brugma Sally Wills For the Union For the Employer Verity Barritt For the Grievor Patrice Dwyer-Sepic For the Grievor A t the conclusion of their discussions the parties agreed, as denoted in para. 16, that the Memorandum of Settlement and the Addendum would be issued as an order of the board of arbitration. In keeping with their request the board orders that the Memorandum of Settlement together with the Addendum shall become part of and are incorporated into this arbitration decision. Further in keeping with the wishes of the parties, the arbitrator will remain seized of his jurisdiction to assist the parties further in the implementation of their agreement should it become necessary. It is so ordered. Dated at Kingston, Ontario, this 19th day of December, 2000. C. Gordon Simmons Arbitrator