HomeMy WebLinkAboutPollington 03-10-08 IN THE MATTER OF A
CLASSIFICATION GRIEVANCE
BETWEEN:
OPSEU LOCAL 241
-and-
MOHAWK COLLEGE
Regarding the Classification Grievance of Pat Pollington
dated July 18, 2002
BEFORE: Kathleen G. O'Neil, Single Arbitrator
For the Union: Don Martin, OPSEU Provincial office
John Pooler, OPSEU Local 241
Pat Pollington, Grievor
For the College: Joanne Echlin, Director, Human Resources
Sheila Walsh, Labour Relations Officer
A conference call was held on October 8, 2003
AWARD
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 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
September 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.
I will remain seized to the extent necessary to deal with any problem implementing the
above, which the parties are unable to resolve themselves, but I am not seized with any
new grievance.
Dated at Toronto this 8th day of October, 2003.
Kathleen G. O'Neil
Arbitrator