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HomeMy WebLinkAboutUnion 16-05-04Between In the Matter of an Arbitration OPSEU LOCAL 505 - and- ORNGE (the Union) (the Employer) Grievance regarding Seniority for Divested Employees Arbitrator : Barry B. Fisher Counsel for OPSEU : Hilary Cook Counsel for ORNGE: Craig Rix Hearing held on May 4, 2016 AWARD -2 - The original grievance was with respect to an individual Grievor who said that his ORNGE seniority date did not properly reflect his pre -divestment service with the Crown in Right of Ontario. That individual matter was resolved but the parties also wish to put into place a process whereby they can once and for all times determine all issues involving the correct seniority date for all current employees of ORNGE who came into the employment of ORNGE as a result of the divestiture from the Crown. The parties have therefore agreed to the following process, which on consent, is being made into an arbitral order. 1. The Employer will provide the Union with a current seniority list that identifies those employees who transferred to the Employer as per the above noted divestment (the pre -divestment group). This list will be provided within 10 business days of the date of the issuance of the consent award. 2. The Union will write to the pre -divestment group advising them of the following: • A process for reviewing and possibly appealing the Employee's pre -divestment seniority has been established as a result of an Award of Arbitrator Barry Fisher. • Employees have the right to review their personnel file with a Human Resources official to confirm their pre -divestment seniority. • Employees may make a copies of relevant documents and share those, and any other information that they wish, with the Union. • The Union will review that information with the Employee. • The Employee has the right to formally notify the Employer of their intention to appeal their seniority date calculation (the "Appeal'). This notification will articulate the basis upon which the Appeal is being made, identify the specific seniority date adjustment that is being requested and will cross-reference all supporting documentation. All evidence in support of the Appeal will be supplied to the Employer at the time that the Appeal is filed. All Appeals will be sent to Ms Genevieve Fernandes by no later than August, 2016. Any Appeal that is not filed by August 15, 2016, will be deemed untimely and will not be considered further. For greater clarity, an Employee who does not submit an Appeal before August 15, 2016, will be deemed to have accepted that their pre -divestment seniority calculation is correct. 3. The Employer will review all Appeals and will notify the Employee and the Union of its decision no later than 45 days from the date the Appeal is submitted. This decision will be issued in writing. The Employer may invite the Employee to meet with -3 - them to explain their decision. If such a meeting occurs, the Employee shall have the right to a union representative present at the meeting. The Union will be copied on the Employer's decision. 4. Any remedy arising out of the change in a seniority date shall be prospective from the date that the Appeal is filed with Ms Fernandes. 5. Arbitrator Barry Fisher shall remain seized should the parties not be able to resolve any issue regarding either the calculation of seniority or the remedy arising out of an agreed to change in a seniority date. Dated this 4t" day of May 2016 in Toronto, ON.