HomeMy WebLinkAboutGroup 97-06-17 ~N THE I~TTER OF AN ARBTTRATTON
BETWEEN
Fansha~e College
(Employer)
Ontario Publlc Service Employees~ Union
(Union)
And in the Matter of a Group Grievance
Board: M. Brian Keller, Chairperson
Robert Gallivan, Employer Nominee
John McManus, Union Nominee
Appearances: Mr. Bob Atkinson for the Employer
Mr. David Wright for the Union
Hearing in London, February 14, 1997.
AWARD
The employer embarked on lay-offs affecting a number of its
academic staff. Many employees who received notice of lay-off
filed grievances. Subsequently, some of those elected to take
severance pay under Article 27.10 of the Collective Agreement. The
employer then sent the following letter to the union.
' i H T ~- R O F. F I C ~ M z ~ OiR A N D U M
: ; ~ate: ;O'~ Sep--1996 0~1 ~m ~MTi :.
' ' - ~ H~ Resources ,
:
~, O.~,slz.u..~oca! 109 . ( ~09~ )
~ ~ ~n brought ~o ~ att~ti~ that both ~c&l 109 and L~a 110 be~e ./'
~hat .la'fl .I ; ' : ·
9rz~an~e~ r~ain ~ctive ~ if a la~O off ~pl~ee.
. . . .,. ( ' ~ : ,
The. ~l~'~ition~r~ai~ if a ~oo~ ~leoto tU %ake e~ranc~ pay the~ the
ou~ndi~ 9ri~c~ pe~in~ng to the ~!Oye~'.0 :la.fl are ~der~ to
: . J. ~ . ·
~ave been with~a~ a~ ~1~. : .
~n or~ %0' p=~t ~y ~i~und%r~tandin~ in ~his ~egard,' ~ ~ill
~pl~e~ ~o fil~'~tj a fo~ ~hen ~h~ apply for ~ran=~ pay
'L L ~ I ,
; · ] i : i,
~ever~'ce {~y ~ill ~ held, wi~out ~tere~t, un~il the arbi~ati0 award
:
T~-Col,~e~e wil'l' send ~ c~ ~ t~ ~averan~ a~lidation to ~ elevan~ Union
%OCal' ~hen ~aid off ~ployee~
i.
'
: :: ! i ~. ~,..
': S E~EE~I~CE. ]~AY A~KEENENT
:~o~ec~i.ve ~r~ o~ ~8: mp~n~ Standards A~. I vis ~ .
'. , '. ;. .-~ ' ~ ;' :
. :~ - . . { '.
~ . .) '. .. ReceiVe ~,,nd~~ ~ cash less ~ppl
~." ~ : ~ ~ , :~ ·
. ~ . . ~ ~
'2: ~ her~y ~hd~a~. ~y ~d ~ ou~~ griev~c~s conce~2 ~ la, fl
~ · = ~ ~ . , ..
: I ~ I
. .~ -
I. :
:~
. . ~ :
....' ' :1.-
.;
,,
:;. ~ :
~ : i
4
On November 28, 1996 the union filed a group grievance on behalf of
more than 50 grievors. The union seeks a declaration that
"the College recognize that the only abandonment with the
selection of severance pay is recall and that we be
reoffered an opportunity to make severance selection and
that the College immediately pay severance to any of us
choosing that option."
The employer undertook that, if the grievors are not successful
with their grievance, they would continue to hold the severance pay
until the award is made.
The relevant provisions of the Collective Agreement are found at
Article 27.
Layoff and Involuntary Transfer
27.05 When a College plans to lay-off or to reduce
the number of full-time employees who have completed the
probationary period, or plans the involuntary transfer of
such employees to other positions than those previously
held as a result of such a planned lay-off or reduction
of employees the following procedure shall apply:
(i) The College will notify the Union Local
President and the College Employment
Stability Committee (CESC) of the planned
staff reduction and the courses, programs
or services affected.
(ii) Within seven calendar days of the receipt
of such notification, the CESC shall meet
for the purpose of the College advising
of the circumstances giving rise to the
planned staff reduction and the employees
affected.
5
(iii) If requested by a member of the CESC
within three calendar days following the
meeting under 27.05 (ii), the CESC shall
meet within seven calendar days of
receipt of such request for the purpose
of discussing the planned staff
reduction, the circumstances giving rise
to the reduction, the basis for the
selection of the employees affected and
the availability of alternative
assignments. It being understood that
the College reserves the right to
determine the number and composition of
full-time, partial-load and part-time or
sessional teaching positions, the College
shall give preference to continuation of
full-time positions over partial-load,
part-time or sessional positions subject
to such operational requirements as the
quality of the programs, their economic
viability, attainment of program
objectives, the need for special
qualifications and the market
acceptability of the programs to
employers, students and the community.
The CESC may require that further
meetings be held.
(iv) The CESC and the parties shall maintain
the confidentiality of the meetings and
the identity of all employees discussed
except as specifically waived by mutual
consent of the Union Local and the
College.
(v) Additional representatives of the College
and the Union in equal numbers may attend
CESC meetings under 27.05 (ii) and 27.05
(iii) where requested by the CESC to
assist the committee. However, the
attendance of additional persons pursuant
to this paragraph shall not cause any
delay in the meetings or the notice to
individuals affected by the staff
reduction.
(vi) Upon completion of its deliberations the
CESC shall forward its recommendations,
if any, to the College President and the
Union Local President, who shall maintain
the confidentiality of the
recommendations.
(vii) When a College decides, following such
meetings, to proceed with a lay-off of
one or more employees who have completed
the probationary period written notice of
lay-off of not less than 90 calendar days
shall be given to the employees being
laid off. If requested by the employee,
a College representative will be
available to meet with the employee
within three calendar days to discuss the
basis of the College selection of the
employees affected.
Z7.06 When the College decides to lay off or to
reduce the number of full-time employees
who have completed the probationary
period or transfer involuntarily full-
time employees who have completed the
probationary period to another position
from that previously held as a result of
such lay-off or reduction of employees,
the following placement and displacement
provisions shall apply to full-time
employees so affected. Where an employee
has the competence, skill and experience
to fulfill the requirements of the full-
time position concerned, seniority shall
apply consistent with the following:
(i) An employee will be reassigned within the
College to a vacant full-time position in
lieu of being laid off if the employee
has the competence, skill and experience
to perform the requirements of a vacant
position.
(ii) Failing placement under 27.06 (i), such
employee shall be reassigned to displace
another full-time employee in the same
classification provided that:
(a) the displacing employee has the
competence, skill and experience to
fulfill the requirements of the position
concerned;
(b) the employee being displaced has lesser
seniority with the College.
(iii) Failing placement under 27.06 (ii), such
employee shall be re-assigned to displace
a full-time employee in another
7
classification upon acceptance of the
identical employment conditions as the
classification concerned provided that:
(a) the displacing employee has the
competence, skill and experience to
fulfill the requirements of the position
concerned;
(b) the employee being displaced has lesser
seniority with the College.
(iv) Failing placement under paragraph 27.06
(iii), such employee shall be reassigned
to displace two partial-load employees
provided that:
(a) the displacing employee has the
competence, skill and experience to
fulfill the requirements of the position
concerned; and
(b) each of the partial-load employees being
displaced has lesser months of service
with the College as determined in Article
26, Partial-Load Employees, than such
displacing employee's months of
seniority; and
(c) it is understood that the College retains
the right to assign additional work to
the employee, where warranted, subject to
the limits prescribed by Article 11,
Workload.
(v) (a) Failing placement under 27.06 (iv) or
where the employee has waived in writing
the right in 27 06 (iv), such employee
shall be reassigned to displace one
partial-load employee and one or more
part-time employees whose assigned
courses are as described in 27.06 (v)
(b) , provided that:
(i) The displacing employee has the
competence, skill and
experience to fulfill the
requirements of the position
concerned; and
(ii) each of the employees being
displaced has lesser months of
service with the College (as
determined in Article 26,
Partial-Load Employees, or
Appendix IX, as appropriate)
than such displacing employee's
months of seniority; and
(iii) it is understood that the
College retains the right to
assign additional work to the
employee where required so that
the work assignment so created
constitutes a full-load
assignment in accordance with
the limits prescribed by
Article 11, Workload.
(v) (b) The courses taught by the part-time
employees displaced must be:
(i) the same as, or
(ii) essentially the same as, or
(iii) pre-requisite courses to those
taught by the partial-load
employee concerned.
(v) (c) Such employee shall have the layoff
notice extended until completion of the
assignment so created and shall maintain
current salary and benefits for the
duration of that assignment.
(v) (d) Upon completion of the assignment so
created, or as mutually agreed between
the College and the employee, such
employee shall be reassigned to a vacant
full-time position if the employee has
the competence, skill and experience to
perform the requirements of a vacant
full-time position.
(v) (e) Failing placement under 27.06 (v) (d),
such employee shall be laid off without
further notice upon completion of the
partial-load assignment.
(vi) (a) Failing placement under 27.06 (v) or
where the employee has waived in writing
the right in 27.06 (v), such employee
shall be reassigned to displace one
partial-load employee and engage in
approved retraining activities such that
the employee retains current salary and
benefits for the duration of the partial-
load assignment provided that:
(i) the displacing employee has the
competence, skill and
experience to fulfill the
requirements of the position
concerned; and
(ii) the partial-load employee being
displaced has lesser months of
service with the College (as
determined in Article 26.
Partial-Load Employees) than
such displacing employee's
months of seniority.
(vi) (b) Such employee shall have the layoff
notice extended until completion of the
partial-load employee's assignment and
shall maintain current salary and
benefits for the duration of the partial-
load assignment
(vi) (c) Upon completion of the partial-load
assignment, or as mutually agreed between
the College and the employee, such
employee shall be reassigned to a vacant
full-time position if the employee has
the competence, skill and experience to
perform the requirements of a vacant
full-time position.
(vi) (d) Failing placement under 27.06 (vi) (c),
such employee shall be laid off without
further notice upon completion of the
partial-load assignment.
(vii) (a) Failing placement under 27.06 (vi) (a),
or where the employee has waived in
writing the right in 27.06 (vi) (a), such
employee shall be reassigned to displace
a sessional employee (who has more than
90 days remaining on the sessional
employee's term appointment) provided
that the displacing employee has the
competence, skill and experience to
fulfill the requirements of the position
concerned.
(vii) (b) Such employee shall have the layoff
notice period extended until completion
of the sessional employee's assignment
and shall maintain current salary and
benefits for the duration of the
sessional assignment.
(vii) (c) Upon completion of the sessional
assignment or as mutually agreed between
the College and the employee, such
employee shall be reassigned to a vacant
full-time position if the employee has
the competence, skill and experience to
Derform the requirements of a vacant
full-time position.
(vii) (d) Failing placement under 27.06 (vii) (c),
such employee shall be laid off without
further notice.
(viii) (a) Failing placement under 27.06 (vii) (a),
or where the employee has waived in
writing the right in 27.06 (vii), such
employee shall be reassigned to displace
a part-time employee upon acceptance of
the identical employment conditions as
the part-time employee concerned provided
that:
(i) the displacing employee has the
competence, skill and experience to
fulfill the requirements of the
position concerned; and
(ii) the part-time employee being
displaced has lesser months of
service with the College as
determined in Appendix IX than such
displacing employee's months of
seniority.
(viii) (b) Such a reassigned person shall be deemed
to be laid off and eligible for recall in
accordance with 27.09 B and 27.09 C,
27.03 E and the rights under 27.09 A.
(viii) (c) Failing placement under 27.06 (viii) (a),
such employee shall be laid off with
written notice of not less than 90
11
calendar days. Such employee shall be
granted release from all or part of the
normally assigned duties, for this period
of notice, for the purpose of engaging in
retraining activities, where such release
is feasible given the normal operational
requirements facing the College. Where
such release is not possible, the notice
period shall be extended by up to 90 days
to permit retraining and the employee
shall maintain current salary and
benefits for the duration of the notice
period.
(viii) (d) At the termination of the period referred
to in 27.06 (viii) (c), such employee
shall be reassigned to a vacant full-time
position, if the employee has the
competence, skill and experience to
perform the requirements of a vacant
full-time position.
(viii) (e) Failing placement under 27.06 (viii) (d),
such employee shall be laid off without
further notice.
Z7.07 The lay-off of employees arising from a strike
by employees in the support staff bargaining unit shall
not require notice as set out in 27.05 and 27.14.
Provided the lay-off of employees is in a uniform manner,
27.06 shall not apply.
A probationary employee shall have employment bridged
over the period and shall be credited with employment as
at the date of lay-off.
Lay-Off ~rievances
27.08 & An employee claiming improper lay-off, contrary
to the provisions of this Agreement, shall state in the
grievance the positions occupied by full-time and non-
full-time employees whom the employee claims entitlement
to displace. The time limit referred to in 32.02 for
presenting complaints shall apply from the date written
notice of lay-off is given to the employee.
27.08 B If the grievance is processed through Step 2,
the written referral to arbitration in 32.03 shall
specify, from the positions originally designated in
27.08 A, two full-time positions, or positions occupied
by two or more partial-load or part-time employees (the
sum of whose duties will form one full-time position),
who shall thereafter be the subject matter of the
grievance and arbitration. The grievor shall be entitled
to arbitrate the grievance thereafter under only one of
(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) of
27.06.
Post Lay-Off Considerations
Z7.09 A TO assist persons who are laid off, the College
agrees to the following:
(i) Such a person may take, tuition free, one
program or course offered by the college, for
which the person meets the normal entrance and
admission requirements. In addition, the
College shall consider and implement such
retraining opportunities as the College may
consider feasible.
(ii) Before the College hires a sessional employee,
a person who has been laid off under 27.06
within the last twenty-four months and has not
elected severance under 27.10 A shall be
offered the sessional appointment provided
that the former employee has the competence,
skill and experience to fulfill the
requirements of the sessional position
concerned. The applicable salary for the
duration of the sessional appointment shall be
at the current salary rate, at the step level
in effect at the time of lay-off.
For the purpose of Appendix VIII, the former
employee will be deemed to be a new hire. This
sessional employee will terminate employment
at the end of the sessional appointment.
For the purposes of 27.03 E and 27.09 B the
former employee will be deemed to be still on
lay-off during the sessional appointment.
(iii) The College shall consider additional means of
support such as career counselling and job
search assistance where such activities are
expected to assist the individual in making
the transition to a new career outside the
Bargaining Unit.
Recall
Z7.09 B Before hiring full-time employees, an
individual who has been laid off under 27.06 will be
recalled to that individual's former or another full-time
position, provided that the individual has the
competence, skill and experience to fulfill the
requirements of the position concerned. Such recall
entitlement shall apply during the period of two years
from the date of lay-off.
Z7.09 C If more than one individual is entitled to
recall to a position under 27.09 B, the individual with
the greater seniority will be recalled.
Z7.09 D In the event of a recall being made by the
College, the College shall advise the Union Local
President of the names and classifications of the
individuals recalled.
Z?.~0 A A Severance Pay Plan on lay-off is introduced
to provide for severance payment to full-time employees
with two or more full years of continuous service up to
a maximum payment at 23 or more years continuous service
with the College, provided the employee gives the College
written election of severance within three months after
termination of the notice period and waives all recall
rights under the Agreement.
Z?.~0 B Severance payment shall be in accordance with
the following scale based on the number of full years of
continuous service with the College as at the date of
lay-off based on the employee's annual salary rate as of
that date, as set out in Article 14, Salaries, exclusive
of allowance(s).
Full years of continual Percent of employee
service at date of lay- annual salary rate
off exclusive of allowances
at date of lay-off
2 yrs 9%
3 yrs 11%
4 yrs 13%
5 yrs 15%
6 yrs 17%
7 yrs 19%
8 yrs 21%
9 yrs 23%
10 yrs 25%
11 yrs 27%
12 yrs 29%
13 yrs 31%
14 yrs 33%
14
15 yrs 35%
16 yrs 37%
17 yrs 39%
18 yrs 41%
19 yrs 43%
20 yrs 45%
21 yrs 47%
22 yrs 49%
23 yrs or more 50%
Postings
27.11 A Notice will be posted in the College of all
vacancies of full-time positions in the bargaining unit.
Such notice will be posted for at least five working
days.
At the same time, notice of these vacancies will be sent
to the Union Local President for distribution to the
other Union Local Presidents.
The College will also forward copies of the notice to the
other Colleges with the intention that they be posted.
27.11 B Where a vacancy of a full-time position in the
bargaining unit occurs and is not filled internally, the
College will give consideration to applications received
from academic employees laid off at other colleges before
giving consideration to other external applicants. Such
consideration shall be given for up to and including ten
working days from the date of posting as described in
27.11 A.
Consideration will include review of the competence,
skill and experience of the applicants in relation to the
requirements of the vacant position.
The nub of the argument on behalf of the grievors is that Article
27.10 provides only that the consequence of electing to take
severance pay is the loss of the right to recall. It is submitted
that, given the sophistication of the parties, if the parties had
meant to include the abandonment of any grievance filed they would
have so specified.
In support of that submission the Board was referred to Articles
27.03(e) [deemed termination] and 32.05(a):
27.03 E Seniority shall be lost and employment deemed
terminated if:
(i) an employee is discharged and is not
reinstated through the grievance or
arbitration procedure;
(ii) a person is laid off for more than
24 months;
(iii) an employee resigns or leaves the
employ of the College;
(iv) a person on lay-off fails to return
to the College's employ in
accordance with the notice of
recall. A person on lay-off shall
not lose seniority and shall not be
deemed to be terminated where the
person is unable to return to the
College's employ, on one occasion
only during the lay-off, where a
notice of recall is of one month's
duration or less. It is understood
that in such circumstances, the
College and the employee may
mutually agree to adjust the period
of the notice of recall where
educational and operational
objectives so require;
(v) a person utilizes a leave of absence
for other than the reason for which
the leave of absence is given;
32.05 A If the grievor fails to act within the time
limits set out at any Complaint or Grievance
Step, the grievance will be considered
abandoned.
With respect to Article 27.03(e) it is argued that there is no
provision which results in a deemed termination in the case of
election of severance pay. In the case of Article 32.05(a) it is
submitted that as the parties had specified that a grievance is
deemed abandoned if not filed within the time limits, they could
have specified the same thing in Article 27.10.
A reference was made as well to the Employment Standards Act
(E.S.A.) which provides that an employee who is entitled to
severance but wishes to retain recall rights has the severance pay
kept in trust. It was argued that the parties have, in Article
27.10, agreed on a provision superior to that in the E.S.A.
It was further argued that there was no inconsistency between the
notion of electing severance pay and retaining the right to pursue
a filed grievance as what is severed is active employment as
distinct from the employment relationship.
Finally, it was submitted that the Board has to look at the impact
of the employer's decision. Specifically the union argued that the
withholding of severance pay to individuals who are desperately in
need of money is a real disincentive to continuing with the
grievance.
The employer argues that Article 27.10 is clear on its face. It
provides, it is submitted, that employees who avail themselves of
the provisions of Article 27.10 are severing their employment in
order to receive severance pay.
Reference was made to Article 27.09(a) which refers to those laid
off as "the former employee". Thus, it was argued, laid off
persons are not "real" employees under the terms of the Collective
Agreement.
~?
The Board was also referred to Article 27.03(d) dealing with the
accumulation of seniority. Persons on lay off do not accumulate
seniority and if they do not, persons who have elected severance
pay can not either.
Lastly, it was submitted that Article 27.10(a) is entitled
"Severance". It was stated that complete severance of employment
is the grid pro quo for the payment of severance pay.
Both parties referred the Board to an award between these same
parties of a Board of Arbitration chaired by Stanley Schiff
(unreported award dated January 30, 1997).
Although the award deals with the Support Collective Agreement the
provisions are essentially the same. Neither party was, for its
own reasons, satisfied with the award as not fully resolving the
issue between them. Accordingly, this Board has chosen to deal
with the matter in front of it as if it had never been dealt with
before and, therefore, there is no need to comment further on the
previous award.
The parties have negotiated a complete and comprehensive set of
rules governing their conduct, rights, responsibilities and
obligations in the event of a lay off. Those are found at Article
27 quoted in full above. When analyzed it can be said that,
following notice of lay off, the parties have initially, and in
general terms, provided a complex set of bumping rules (27.06).
Those rules provide that, if at the end of that sequence an
employee can not be placed, lay off will take place. Recall rights
are provided to such persons.
Persons in receipt of a lay off notice are entitled to file a
grievance (27.08) claiming improper lay off or improper application
of the bumping procedure. Certain post lay off considerations are
provided to assist persons who are laid off (27.09(a)).
Recall rights (27.09 (b), (c), (d)) apply for two years from the
date of lay off.
The last provision in the series of articles dealing with lay off
is Article 27.10(a) - Severance - quoted again below for easy
reference.
ZT.X0 A A Severance Pay Plan on lay-off is introduced
to provide for severance payment to full-time employees
with two or more full years of continuous service up to
a maximum payment at 23 or more years continuous service
with the College, provided the employee gives the College
written election of severance within three months after
termination of the notice period and waives all recall
rights under the Agreement.
It is clear from the Collective Agreement, and acknowledged in
arbitral jurisprudence dealing with lay off, that a person who is
laid off ceases to be an "employee" in the full sense of that term.
What such persons become are former employees (see Article
~9
27.09(a)) with specific rights. They retain their "employment"
link only as is specifically provided in the Collective Agreement.
They are limited to exercising only those rights as are provided in
the Collective Agreement. Under this Collective Agreement, such
right is the right to recall.
Additionally, the parties have provided a right to severance pay
which must be exercised within three months of the notice period.
Although the Board heard no evidence as to why the period is three
months was provided it is fairly safe to assume that it was because
it was contemplated that the process provided in Article 27.06
would have either been completed or sufficiently completed to have
allowed the person in receipt of a lay off notice to know somewhat
realistically what their chances of retaining employment would be.
At three months that person is able to judge whether a position
will be found for them or whether they would be laid off subject to
recall.
In order to be paid severance pay Article 27.10 provides that an
employee gives the College "written election of severance". That
has to mean, in the view of the Board, that the person is electing
to sever their relationship from the College. That is what the
words of the article say. That, in our view, is the same as
resignation, one of the deemed termination reasons found at Article
27.03 (e) .
The union has argued that the only right being given up by the
election of severance pay is the right to recall. In other words,
a grievance already filed is not abandoned as well.
With respect, we can not agree. The election of severance
extinguishes the last vestiges of the employment relationship - the
only vestige of the employment relationship remaining - that is
left to the former employee. That last vestige is the right to
recall. With the extinction of the right the individual no longer
has any remaining relationship with the College. Their employment
and right to recall is terminated. Giving up the right to recall
is giving up the right to a position that they might otherwise be
entitled to post-layoff.
Further reference must be made to Article 27.01 (e). The article
deals with a total loss of seniority in certain circumstances. One
of those is where an employee resigns or leaves the employ of the
College. An election of severance and an abandonment of recall
clearly has to be intended as, if not a resignation at least
"leaving the employ of the College". The attendant loss of
seniority surely has to affect or at least be a consideration in
any continuing redeployment claim.
It is interesting to note that Blacks Law Dictionary defines
severance pay as payment in consideration of their termination of
employment. That is exactly the scheme provided in Article
27.10(a). The employer pays money in order that there be finality
to any issues outstanding between the parties.
It can be said that what the parties have negotiated is akin to an
early retirement plan. Once taken the person affected can't
continue to say that although the money has been taken, he or she
would still like to stay on the job if there is a job that can be
bumped into.
This determination of the Board is entirely consistent with the
principle that persons may file grievances arising from when they
were employed. The former employees may do so if they wish. Their
rights at that stage are no different from any employee whose
services have been involuntarily terminated. If they disagree with
the employer's decision they can grieve. The parties, however,
have gone one step further. That step is the election of severance
within three months in return for severance pay and, to repeat
ourselves, the termination of the last right existing - recall.
Thus, the regime established explicitly by the parties is either
the traditional one of grieving the actions of the employer or the
particular regime provided in 27.10(a) with its attendant results.
One can ask rhetorically why the latter regime would have been
agreed to if the parties had simply contemplated the traditional
fired / lay off / grievance scenario.
The union, as an alternative argument, asked the Board to order the
employer to pay interest on money it undertook to put aside in the
case of the grievors who proceed with their grievances. We decline
to do so as there is no obligation on the employer to set aside
such money in the first place. Although we note again the
undertaking of the Employer to hold severance pay until the award
is made as indicated on page 4 of this award.
The grievance is dismissed.
Signed in Nepean, this \~ day of ~ , 1997.
M.B. Keller, Chairperson
I dissent "J. McManus"
J. McManus, Union Nominee
I concur "R. Gallivan"
R. Gallivan, Employer Nominee
D I SSENT
HAVING READ THE MAJORITY AWARD I FIND THAT A DISSENT IS
CALLED FOR I
FIRST, IN MY VIEW THE LANGUAGE OF THE COLLECTIVE
AGREE{dENT IS CLEAR. UNDER ARTICLE 27.10 THE ONLY
RIGHT GIVEN UP BY THE ElgluLOYEE ~]'IO ELECTS SEVERANCE
PAY, IS THE RIGHT TO RECALL. THEREFORE, I WOULD HAVE
ORDERED TB]g COLLEGE TO MAKE THE SEVERANCE PA~/MENTS 3'0
THOSE EMPLOYEES WHO ELECTED SEVERANCE IM~DIATELY WITH
INTEREST.
SECOND, THE ~iAJORITY APPEARS TO SUGGEST, AT PAGE ELEVEN
( i! ) THAT AN EMPLOYEE HAS TO CHOOSE BETWEEN GRIEVING
THEIR LAYOFF OR ELECTING SEVERANCE PAY. I NOTE THAT
EVEN THE COLLEGE DID NOT GO TH{S FAR. THE COLLEGE WAS
PREPARED TO ttOLD THE SEVERANCE PAY IN TRUST PENDING Tile
OUTCOME OF THE GRIEVANCES.
THE.. MAJOP. tTY AWARD WOULD PLACE AN EMPLOYEE BETWEEN A
" ROCK AND A HARD PLACE " EITItER GIVE UP THE RIGHT TO
SEVERANCE PAY IN THE COLLECTIVE AGREEMENT ( WHICH IS
SUPERIOR TO SEVERANCE PAY UNDER THE EMPLOYMENT STANDARDS
ACT ) OR GIVE UP THE GRIEVANCE ABOUT THEIR LAYOFF. THE
PARTIES WOULD NEVER HAVE AGREED TO SUCH A DISINCENTIVE
BEING PLACED ON THE RIGHT TO GRIEVE, AS NOTED ABOVE EVEN
THE COLLEGE DOES NOT GO THIS FAR.
FOR THESE REASONS, I BELIEVE THE MAJORITY AWARD IS IN ERROR
AND I STRONGLY DISSENT FROM IT.
JOHN MC MANUS
UNION NOMINEE