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HomeMy WebLinkAboutArbour 04-05-14 IN THE MATTER OF AN ARBITRATION BETWEEN LAMBTON COLLEGE ("the Employer") AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION ("the Union") RE: SPAM GRIEVANCE - OPSEU FILE NO. 20013-0125-0003 BOARD OF ARBITRATION M. G Mitchnick - Chair Ron Hubert - College Nominee Michael Sullivan - OPSEU Nominee APPEARING FOR THE EMPLOYER: Robert Atkinson - Counsel Guy Bertrand - Director, Human Resources APPEARING FOR THE UNION: Nelson Roland - Counsel Maria Thomson - Grievance Officer Hearing in this matter held on May 14th, 2004 in Samia, Ontario PROCEDURAL DIRECTION The board has before it the following policy grievance dated November 18th, 2003: The college has violated Article 4.02 A1 and any other applicable articles covered in the collective agreement by not taking the necessary steps to insure that unwanted pornographic emails are blocked before reaching the grievor's email accounts. The College has raised a "preliminary" issue as to the board's jurisdiction to entertain this grievance. However, the College has the same concern as the Union of addressing this work place problem, and the parties' discussions with the board have centred on the steps that the College has been taking to deal with it. Notwithstanding the problems that the College has experienced with the compatibility of its server earlier this year, the College is now in a position where it anticipates having its second level of filter (D-Spam) operational by mid-June. The College is ensuring that that anti-spare program on an ongoing basis will generate statistics specific to each user as to the number of messages blocked, the number of messages remitted back to the server for future blocking, the number of deemed "clear" messages passing through, and the number of "false positives" (unwanted messages getting through the screen). Full instructions and training will be made available to all users as to how to maximize the use and effectiveness of the program. The College further indicates that, apart from any discussion of the subject at the regular ERC meetings, the College will continue to provide all users, including the Union, with ongoing information as to the status of the program. o On the basis of the foregoing, the board is adjourning these proceedings sine die, without prejudice to the College's preliminary objections, or the right of either party, within the period of a year from today's date, to ask the board to reconvene the proceedings on this grievance. DATED AT Samia, Ontario this 14th day of May, 2004. M. G. Mitchnick For the Board