HomeMy WebLinkAboutUnion 91-10-02 IN THE MA,TI'ER OF AN ARBITRATION
BETWi~-F-N:
HUMBER CO~ J-~GE
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, ~ 562
'I'1~ Union
AHD IN THE MATI'F_.R OF THE GRIEVANCE R f~ -ATING TO LAY-OFFS - ARTICLE 9 - OPSEU 1~ .F.
NO. 90C186
Board of Arbitration: D.D. Carter, Chair
W. Roberts, Union Nominee
M.L. Tiros, Employee Nominee
Appearances for the Union: . D.I. Bloom, Counsel
J. Huot, Local Union President
P. Michaud
Appearances for the Employer: R. Dunsmore, Counsel
C. Eriksen, Dean, Applied & Creative Arts Division
A hearing of this matter was held at Toronto on October 23, 1990, February 19, 22, March 4, 15, 1991.
AWARD
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The terms of settlement set out below constitute thc board's award in this matter.
WI-~-RF_,AS the parties are committed to working together to understand and communicate thc F'mancial
Planning Process as related to employment stability issues envisaged by Article 28 of the Collective Agreement;
AND WHF~RF.J~ the College recoEni~'¢s the benefit of the College and the union working together in the
ongoing project to ensure employment stability;,
AND WHERF_AS Article 28 of the collective agreement provides on an ongoing basis for the sharing of
data relevant to employment stability and for the College Employment Stability Committee (CESC) to make
recommendations with reference to long term and short term strategies to enhance employment stability having
regard to available resources.
AND WHF..RF_AS a dispute regarding the application of Article 9 in respect of the planned layoffs arose
in the spring of 1990, and notwithstanding the fact that the College maintain.~ the position that there is no
violation of nor liability under Article 9 and that the union maintain.~ its position that the College was in violation
of Article 9, the parties now wish to fully resolve this grievance to further enhance the positive relationship
building process between them.
THE PARTIF_~ HEREBy AGRF.~- AS FOLLOWS:
1. The College shall provide to the union local President and the members of the CESC the following
Financial Planning information utilized by the College in establishing Budgets at the same time that this
information is given to various College Divisions and Departments.
1) Enrolment Estimates by Division
2) Revenue Assumptions
3) Expenditure Assumptions/Costing Models
4) Full time Academic Complement Analysis by Division
~ 5) Operating Fund Budget Central Provisions
2. The College shall provide to the union local President and the members of the CESC the draft College
Budget, including Divisional documentation relevant to the staffing implications of this draft Budget at the same
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time that this draft budget is made available to the Fi,_ance Committee of the Board of Governors.
3. The College shall provide to the union local President and the CESC any budget updates related to
employment stability presented to the Board of Governors, including but not limited to those which ia the normal
course are presented in the spring and fall of each year.
4. It is understood that the information to be provided according to paragraphs 1, 2, and 3 of this
Memorandum is for the purpose of allowing CF-SC to review this information and make recommendations it
deems appropriate pursuant to the terms of reference as established in Article 28 of the Collective Agreement.
Information provided to CESC in the context of this Agreement shall be maintained in confidence as 10ng as
outside the public domain. However, it is understood that the Union Local President may consult with advisors
to review this information on the condition that such consultation shall remain confidential.
5. In consideration of the withdrawal of all Article 9 individual and policy grievances, the College agrees
to pay the amount of $12,000 to the CF. SC for equal distribution to each of the full time faculty laid off in the
spring of 1990 who filed an Article 9 grievance and who is not in the regular full-time employ of the College.
Such payment shall be made upon the withdrawal of all the individual Article 9 grievances, and no later than one
month after this Memorandum of Settlement comes into effect.
6. This Memorandum of Settlement is conditional upon the withdrawal of all individual Article 9
grievances and the union policy Article 9 grievance. The union shall recommend this settlement to the grievors,
and shall make every reasonable effort to obtain the withdrawal of all the individual grievances.
7. In the interests of promoting positive union/college relations the parties agree that this Memorandum
of Settlement be jointly released publicly as soon as practicable following signing by both parties.
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8. ~ The parties agree that this Memorandum of Settlement shall be issued in the form of a consent award
by the Board of Arbitration chaired by Professor Carter. This Memorandum shall remain in effect and shall
bind the parties until the expiration of the current Collective Agreement and shall be renewed for the duration
of the next Collective Agreement unless otherwise amended or agreed to by the parties.
9. The Board of Arbitration chaired by Professor Carter shall remain s~ized to deal with any dispute
which may arise in connection with the implementation and/or interpretation of this Memorandum of Settlement.
DATED at Kingston this 2nd day of October, 1991.
DoDo
I concur ' ~ .:, ~
W. Roberts, Union Nominee
I concur
M.L. Tiros, Employee Nominee