HomeMy WebLinkAboutPollington 03-11-20 IN THE MATTER OF A
CLASSIFICATION GRIEVANCE
BETWEEN:
OPSEU LOCAL 241
-and-
MOHAWK COLLEGE
Regarding the Classification Grievance of Pat Pollington
OPSEU #324101
BEFORE Kathleen G. O'Neil, Single Arbitrator
For the Union: Don Martin, OPSEU Provincial office
John Pooler, OPSEU Local 241
Pat Pollington, grievor - October 8 call
For the College: Joanne Echlin, Director, Human Resources
Sheila Walsh, Labour Relations Officer
A conference call was held on October 8 and November 6, 2003
AWARD
During a conference call on November 6, 2003, the parties agreed that my award
dated October 8, 2003 in this matter should be amended to provide that I remain
seized of any new grievance filed in this matter. Therefore, the award dated
October 8, 2003 is superseded, and the following will stand in its place:
This decision deals with the college's request that I dismiss this grievance in
advance of the hearing scheduled for October 9, 2003, as set out in Ms. Echlin's
letter to me of October 1, 2003, and the union's request that I ought instead to
adjourn that hearing, as set out in Mr. Martin's letter to me dated October 3,
2003. Given the positions of the parties, which had the common ground that the
October 9 hearing ought not to be held (albeit for different reasons) a conference
call was convened on October 8, 2003. During that conference call, the parties
agreed to deal with the issues in the following manner, which I record for clarity:
1. The hearing scheduled for October 9, 2003 will be cancelled.
2. The union will withdraw the grievance dated July 18, 2002,
subject to the understandings which follow.
3. Further to the College's intention to amend Ms. Pollington's
Position Description Form (PDF), expressed in its letter to the union
of December 22, 2003, the College will provide to Ms. Pollington
and the union a new PDF. The College indicated that this could
take up to thirty days. Ms. Pollington and the union will review the
new PDF and determine their position with respect to it and the
level of classification assigned to it. It is understood that they may
file a new classification grievance, if so advised.
4. If a new grievance is filed in respect of Ms. Pollington's
classification, the parties are agreed that for the purposes of Article
18.4.1.1 of the collective agreement and any claim for retroactive
pay, the date of presentation of the written grievance will be
deemed to be July 18, 2002, rather than the date on any new
grievance submitted.
5. I am to remain seized to deal with any problem implementing the above,
which the parties are unable to resolve themselves, and to deal with any
new grievance filed in this matter.
Dated at Toronto this 20th day of November, 2003.
Kathleen G. O'Neil
Arbitrator