HomeMy WebLinkAbout1993-1948.O'Brien.00-07-27 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L '()NTARW
GRIEVANCE COMMISSION DE
. . SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 1948/93 179/94 236/94
OPSED # 93F955 94A574 94A608
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Druon
(O'Brien)
GIievor
- and -
The Crown III RIght of Ontano
(Mirusm of the SolIcItor General and CorrecTIonal ServIces)
Employer
BEFORE Deborah ID LeIghton Vice ChaIr
FOR THE Tim Hadwen
GRIEVOR Counsel
Ontano PublIc ServIce Employees Druon
FOR THE Len M~
EMPLOYER Counsel
Legal ServIces Branch
Management Board Secretanat
HEARING June 23 2000
ThIS gnevance was settled by Memorandum of Settlement, whIch was made an
order of the Gnevance Settlement Board (the board) on August 1,1995 On December
22, 1999 the umon asked the board to reconvene to allow Ms Helen Fmley, the ongmal
arbItrator, to address Issues relatmg to the ImplementatIOn of the settlement. The partIes
agreed to further mmutes of settlement on March 13, 2000 As part of those mmutes, the
partIes agreed that certam Issues would proceed to arbItratIOn and others to medIatIOn-
arbItratIOn before me The outstandmg Issues relate to "The SystemIc Change Program"
whIch the partIes have been Jomtly developmg over the last several years
The heanng mto the ImplementatIOn of the Memorandum of Settlement,
proceeded on June 23, 2000 The partIes settled several matters wIthout any assIstance
before puttmg three Issues before me The first, Implementmg the memorandum of
Settlement wIth the exceptIOn of the Issues whIch are to go to arbItratIOn, was then agreed
to by the employer ThIs agreement IS found m the mmutes of June 23,2000 so It IS not
necessary to record It here
The second Issue regardmg a "trackmg" system was not an Issue that could be
fairly dealt wIth by the "med-arb" process The partIes are opposed on whether
manager's names should be mcluded m a trackmg system, whIch would lIst any
mdIvIdual found to have harassed or dIscnmmated agamst another, on a prohibIted
ground. ThIs IS to proceed to heanng m August.
The partIes agreed to a med-arb process for the thIrd Issue, whIch relates to the
medIatIOn process whIch they have developed for resolvmg conflIcts between two or
more employees The employer wants language mcluded m the medIatIOn model found
m the "SystemIc Change Program," as follows
The medIator wIll pre-screen, normally by telephone and m consultatIOn wIth the
co-ordmator shall determme whether the conflIct IS appropnate for medIatIOn.
Ongmally the employer proposed that the co-ordmator would decIde whether the conflIct
could be medIated or not. The employer IS concerned about costs
The umon opposes language whIch proscribes the method of screenmg, because m
It's VIew how a case IS screened should depend on the partIculars of the case The umon's
proposed language IS as follows
The medIator wIll pre-screen and shall determme m consultatIOn wIth the co-
ordmator whether the conflIct IS appropnate for medIatIOn. The medIator wIll pre-
screen m a cost effectIve and confidentIal manner
Smce the partIes were unable to agree, It falls to me to decIde the Issue, based only
on the posItIOns and documents presented dunng the medIatIOn. The partIes agreed that
no reasons would be provIded for the decIsIOn.
Havmg carefully consIdered the posItIOns and the arguments of the partIes, I have
decIded that the umon should prevail I hereby order that the language proposed by the
umon, and noted above, be mcluded m the medIatIOn provIsIOns of the" SystemIc Change
Program "
Dated at Toronto, thIS 2ih day of July, 2000
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D J D LeIghton, V Ice-chair