HomeMy WebLinkAbout1990-0814.Lunardo, Baney & Porter.90-11-30
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r.. ONrARIO ' EMPL DYÉS DE LA CDURDNNE
CROWN EMPLOYEeS DEL 'ONTARIO
, . 1111 GRIEVANCE COMMISSION DE
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SETTLEMENT REGLEMENT
BOARD DES GRIEFS
1110 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO, M5G lZ8 TELEPHONEfTlllpHONE: (416) 326-1388
180, RUE DUNDAS OUEST, BUREAU 2100. TORONTO (ONTARIO).- M5G IZ8 FACSIMiLE/TÉLÊCOPiE: (416/ 326- 1396
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814/90, 815/90
816/90
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAIN:ING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Lunardo/Baney/Porter)
Grievor
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The Crown in Right of Ontario
(Ministry of Transportation)
Bmployer
BEFORB: M. Gorsky Vice-Chairperson
J. Carruthers Member
D. Clark Member
FOR THE H. Sharp
GRIEVOR Counsel
, Gowling, strathy & Henderson
Barristers & SOlicitors
FOR THE J. Crowther I
EMPLOYER Staff Relations Advisor
Human Resources Branch
Ministry of Transportation
HEAR:ING: November 16, ,1990
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~ AWARD
At the opening of the hearing. counsel for the parties
filed an agreed statement of facts which is as follows:
1. The grievors are employed by the Ministry of
Transportation in Downsview. Ontario in, the
Highway Engineering Division. Surveys and
2. besign. I
Lunardo and Baney are Senior Car¡tographers.
(Digital). Porter is a Oartographic
Information Processor and Edito~. All the
grievors aTe involved in the production of
3. Thematic M~PPing. I '
The grievors are classified as Car¡tographer 4
being the only class standard currently
available within the present Bargaining Unit
Classification System against IWhiCh the
grievors' position can be classified.
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The class standard for Cartographer 4 does
not adequately cover the duties and
5. responsibil~ties of the grievors' IpOs'it~on.
-There is no other class standard which seems
appropriate.
6. Neither party wi 11 introduce any other
evidence on the merits of the grievance.
7. Thè parties agree that any Jompensation
arising from the decision of the Board shall
be retroactive to,20 days prior td the filing
of the grievance. with interest payable on
the retroactive payment.
The statement of the parties was supplemented by oral
representations which made it clear that the partiJs wish the
Board to grant a Berry order,
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Although counsel for the parties indicated to us that
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they are not in agreement as to the actual duties and
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responsibilities of the Grievors, they do agree, as is stated in I
paragraph 4 of the agreed statement that, whatever the duties and
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responsibilities of the Grievors may be found to be, the class
standard for Cartographer 4 does not adequately cover their
duties and responsibilities.
As the parties have further agreed (paragraph S.of the
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agreed statement) that no other class standard "seems I
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appropriate," this is an appropriate case for the issuance of a
Berry order. I
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Therefore, in accordance with the agreed statement of
the parties, there being no other existing classification t~at is
said to capture the duties and responsibilities of the Grievors'
positions, the Employer is directed to re-classify the Grievors.
There was disagreement between counsel as to the length of time
during which the re-classification should be completed. Counsel
for the Employer stated that the usual ninety day rule would be
inappropriate be~ause we are dealing with two somewhat different
factual situations,.
In the circumstances of this case, the Employer is
directed to re-classify the Grievors within one hundred and
thirty-five days from the date of this Award, during which ,time
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the new class standards for the' Grievors' posi·t ions wi 11 be
prepared.
In accordance with the agreement of the parties.
compensation a~ising from this decision will be retroactive to
twenty days prior to the filing of the grievance with interest
payable on the retroactive payment. The parties orally agreed
that interest would be payable on the retroactive payment at the
rate of ten per cent per annum.
We retain jurisdiction o~er the implementation of this
Award.
Dated at Toronto. this 30th day of November. 1990.
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M.R. Gòrsky - Vice Chairperson
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D. Clark - Member