HomeMy WebLinkAboutAunario Group 13-06-27IN THE MATTER OF AN ARBITRATION
BETWEEN: CANADIAN BLOOD SERVICES
AND
ONTARIO PUBLIC SERVICE
EMPLOYEES UNION, LOCAL 5013
AND IN THE MATTER OF THE GRIEVANCE OF ROWENA DE LEON, ZEUS
NOZA AND AMEE VAKHARIA (AUNARIO GROUP GRIEVANCE)
SOLE ARBITRATOR: MAUREEN K. SALTMAN
APPEARANCES:
FOR THE EMPLOYER: SARAH A. EVES
FOR THE UNION: ADRIENNE LEI
I
ORDER
A group Grievance in this matter was filed on October 11, 2011 on
behalf of Zeus Noza, Rowena DeLeon, and Amee Vakharia (the "Grievors'),
- alleging violations of the job posting and other provisions of the collective
agreement regarding Job Posting #651-239 for full-time Laboratory Assistant
(Distribution) positions.
The parties attended at hearings in Toronto on December 11, 2012
and June 26, 2013. Having heard the submissions of the parties, I hereby make
the following Order in full and final satisfaction of the Grievance:
1. Effective August 6, 2013, the Grievors will be transferred to the full-time
Laboratory Assistant (Distribution) positions that are currently held by Shane
Thompson, Alejandro Panuelos, and Rowena'Jimenez (the "Incumbents").
2. In accordance with article 16.04 of the Collective Agreement, the Grievors
shall be given trial periods until November 5, 2013 in which to demonstrate their
ability to perform the positions to the satisfaction of the Employer.
3. If the Grievors complete their respective trial periods in accordance with
article 16.04, they shall displace the Incumbents from their full-time Laboratory
Assistant (Distribution) positions, effective November 6, 2013, and they shall be
credited with full-time seniority retroactive to February 15, 2012.
2
4. In the event that one or more of the Grievors does not complete the trial
period to the satisfaction of the Employer as contemplated in article 16.04 of the
Collective Agreement, one or more of the Incumbents, as the case may be, shall
be entitled to remain in the full-time Laboratory Assistant (Distribution) position, in
order of their seniority as of the date of the job competition, June 23, 2011. As of
June 23, 2011, Ms. Jimenez was the most senior, Mr. Panuelos, the next most
senior and Mr. Thompson, the least senior.
5. If any of the Incumbents are displaced as a result of this Order, each shall
be offered, in order of seniority as of June 23, 2011, to continue employment with
the Employer in one of two part-time Laboratory Assistant (Production) positions
and one Laboratory Assistant (Distribution) position, effective November 6, 2013.
If Ms. Vakharia is successful in completing her trial period as outlined herein, her
part-time position as a Laboratory Assistant (Distribution) also shall be offered to
the displaced Incumbents, effective November 6, 2013. These part-time
positions may be filled on an interim basis but shall be posted pending the
completion of the Grievors' trial period.
6. Because the Incumbents were temporary employees at the time of the job
posting, they will be entitled to working notice only under the Employment
Standards Act, in accordance with article 6.03 (c) of the Collective Agreement, if
they choose not to continue in the parttime positions or they are unable to obtain
another position with the Employer prior to November 5, 2013.
7. Notwithstanding the above, in the case of a job competition under this
Collective Agreement, the Union or the Employer, as the case may be, cannot
presume that an employee working in a classification provided for under this
Collective Agreement has the skill and ability to work in the same classification in
another department/section without complying with the job competition provisions
of article 16.02 of the Collective Agreement.
I shall remain seized with respect to the implementation of this Order.
DATED AT TORONTO, this 27th day of June, 2013.
Sole Arbitrator