Loading...
HomeMy WebLinkAbout1993-1948.O'Brien.02-05-10 Decision ~~~ o@~o EA1PLOYES DE LA COURONNE _QJ_L i~~i~~~i~T DE L 'ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#1948/93, 0179/94, 0236/94 UNION# 93F955, 94A574, 94A608 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (O'Brien) Grievor -and- The Crown In Right of Ontario (Ministry of Correctional Services) Employer BEFORE Deborah J D Leighton Vice-Chair FOR THE GRIEVOR Tim Hadwen Counsel Ontario Public Service Employees Union FOR THE EMPLOYER Len Marvy Senior Counsel Legal Services Branch Management Board Secretariat HEARING August 17, September 28, October 4, November 7,20 and 21, 2001, January 23, 2002 2 Introduction In the ongInal mInutes of the settlement In thIS matter made an order of the board on August 1 1995 (the O'Bnen award) the MinIstry of CorrectIOnal ServIces agreed that In order to elImInate sexual harassment and dISCnmInatIOn In the mInIstry a systemIc solutIOn was reqUIred. To that end the partIes worked hard to develop a comprehensIve SystemIc Change Programme HavIng reached an Impasse, on March 13 2000 the partIes agreed to further mInutes of settlement to finalIze the outstandIng Issues of the SystemIc Change Programme In order to Implement the O'Bnen award Many of these Issues have SInce been settled by agreement of the partIes Others have reqUIred decIsIOns by the board. ThIS IS the sIxth decIsIOn pursuant to the March 13 2000 mInutes of settlement. The Scope of Accommodation for Family Responsibility One of the outstandIng Issues was the scope of accommodatIOn for famIly responsIbIlItIes, that IS whether the accommodatIOns should only be avaIlable to female correctIOnal officers or to all female staff The board rendered ItS decIsIOn orally on August 17 2001 but reserved on ItS reasons untIl other outstandIng Issues could be argued, USIng a quasI- Interest arbItratIOn format as agreed to by the partIes The UnIon took the posItIOn that famIly accommodatIOn should apply to all female employees of the mInIstry The employer took the posItIOn that famIly accommodatIOn should only extend to women correctIOnal officers The oral decIsIOn as to the scope of accommodatIOn for famIly responsIbIlIty was that the provIsIOns agreed to or decIded by the board on thIS matter must apply to female staff, although the employer may decIde of ItS own volItIOn to extend the provIsIOns to all employees of the mInIstry 3 The language of the ongmal mmutes of settlement recogmzed that the gnevor' shuman nghts were vIOlated and that the breaches occurred m a pOIsoned workmg envIronment. The partIes agreed to certam remedIes, whIch had three general purposes 1 To try to restore the gnevor Cheryl O'Bnen to the posItIOn she would have been m had the dIscnmmatIOn not occurred, 2 To provIde the necessary measures through aJomt Mimstry/OPSEU process for creatmg a healthy and non-dIscnmmatory workplace at the Windsor JaIl 3 To provIde the necessary measures through aJomt Mimstry/OPSEU process for ensunng that systemIc changes are made m the Mimstry's polIcIes and practIces, and m partIcular the applIcatIOn of the Workplace DIscnmmatIOn and Harassment PolIcy to prevent the reoccurrence m any correctIOnal servIces mstItutIOn of the CIrcumstances whIch faced the gnevor The SystemIc Change Programme was mandated as the thIrd purpose of the O'Bnen award m order to elImmate the pOIsoned workmg envIronment. The agreement provIded that not only would the polIcy put measures mto place to elImmate sexual harassment and dIscnmmatIOn, but It would go farther and m order to promote equalIty of women correctIOnal officers, the programme would mclude posItIve and SupportIve measures The O'Bnen award provIdes The Mimstry agrees to work wIth OPSEU m developmg and Implementmg a SystemIc Change Programme whIch shall be desIgned to elImmate the barners to full workplace partIcIpatIOn of women correctIOnal officers m the Mimstry generally and m partIcular at the Windsor JaIl Such a programme would desIgn and Implement posItIve and SupportIve measures to promote the equalIty of women correctIOnal officers mcludmg a) accommodatmg staff wIth famIly responsIbIlItIes, b) reducmg the current Imbalance between men and women m ItS CorrectIOnal Officer workforce and the lack of women m supervIsory posItIOns, c) provIdmg a speedy and effectIve resolutIOn of dIscnmmatIOn complamts wIth an effectIve process for ensunng I accountabIlIty of management and staff for a workplace free of dIscnmmatIOn and harassment and 11 effectIve and prompt commumcatIOn of dIscnmmatIOn complamts to the corporate level ofOPSEU and the Mimstry subject to the reqUIrements of the Freedom ofInformatIOn and ProtectIOn ofPnvacy Act and the pnncIples of the Workplace DIscnmmatIOn and Harassment PolIcy SpecIfic measures to be taken mclude accommodatmg staff wIth famIly responsIbIlItIes ThIS language IS not restncted to women correctIOnal officers It IS clear after carefully revIewmg the 4 mInutes of settlement, that the partIes Intended the provIsIOns, where necessary to apply to more than only women correctIOnal officers For example, In subsectIOn (c) the partIes agreed to Implement a process to provIde resolutIOn for dISCnmInatIOn complaInts The process IS reqUIred to make both management and staff accountable In thIS context It IS clear that staff means employees who are not management. A later provIsIOn requmng an educatIOn programme was specIfically to be provIded to all mImstry employees So clearly dependIng on the focus of the remedy the partIes specIfically agreed to a scope beyond only female correctIOnal officers The questIOn put to me In August 2001 was whether the scope of famIly accommodatIOn should Include women correctIOn officers or women staff GIven the language of the ongInal agreement I concluded for the reasons noted above that the scope should be women staff Other Outstanding Issues Other outstandIng Issues relatIng to famIly accommodatIOn are to be decIded wIthout reasons In a quaSI-Interest arbItratIOn format, accordIng to the agreement of the partIes They pertaIn to language proposed to be Included In the polIcy for accommodatIOn of famIly responsIbIlItIes ThIS decIsIOn addresses only the Issues that were not resolved by the partIes The partIes agreed that In decIdIng the Issues I was permItted to choose one posItIOn or the other or some cOmbInatIOn or compromIse between the posItIOns Issue 1 Proposed language to be included under Guiding Principles Employer PosItIOn Workplace accommodatIOn provIdes an opportumty for the correctIOnal officer to work. (Or no language) Umon PosItIOn AccommodatIOn provIdes an optIOn for the correctIOnal officer to remaIn at work or at home 5 Decision NeIther of the proposed statements IS to be Included In polIcy Issue 2 Proposed language to be included in Guiding Principles Umon PosItIOn If It IS necessary to provIde accommodatIOn to an employee for famIly responsIbIlItIes, the employer IS responsIble for provIdIng accommodatIOn, short of undue hardshIp And famIly accommodatIOn needs are gUIded by the pnncIples as outlIned In the Ontario Human Rights Code Employer PosItIOn If It IS necessary to provIde accommodatIOn due to famIly status as defined by the Ontario Human Rights Code the employer IS responsIble for provIdIng accommodatIOn short of undue hardshI p Or Employer agrees to second statement proposed by umon. Decision FamIly accommodatIOn needs are gUIded by the pnncIples In the Ontario Human Rights Code Issue 3 Proposed language to be included in Employer Responsibilities Umon PosItIOn ProvIde a correctIOnal officer tIme off work (WIth pay If reqUIred) to attend to emergency famIly responsIbIlItIes, If tIme off IS reqUIred In the CIrcumstances Employer PosItIOn Emergency tIme off IS covered In next sectIOn entItled Leaves of Absence Decision ProvIde female staff tIme off work (wIth or wIthout pay) to attend to emergency famIly responsIbIlItIes, If tIme off IS reqUIred In the CIrcumstances Issue 4 Proposed language to be included in Staff Responsibilities Umon PosItIOn 6 The employee IS entItled, If they desIre It, to have umon representatIOn at any and all stages of thIS famIly accommodatIOn process Employer PosItIOn Seek umon representatIOn (whIch they are entItled to), If desIred, at any and all stages of the famIly accommodatIOn process Decision Seek umon representatIOn (whIch they are entItled to), If desIred, at any and all stages of the accommodatIOn process Issue 5 Proposed language to be included in Staff Responsibilities Employer PosItIOn Make all reasonable and realIstIc efforts to balance hIS or her famIly responsIbIlItIes wIth hIS or her employment responsIbIlIty to perform hIS or her regular dutIes Umon PosItIOn Do not Include employer's language Employer Counter Make all reasonable and realIstIc efforts to balance the famIly responsIbIlItIes gIVIng nse to the accommodatIOn request wIth hIS or her employment responsIbIlIty to perform hIS or her regular dutIes Decision No language on thIS to be Included In polIcy Issue 6 Proposed language to be included in Key Components of a Temporary Workplace Accommodation Plan - Implementing the Workplace Accommodation Employer PosItIOn In every case the duratIOn of each accommodatIOn plan shall be SIX weeks or less, dependIng on the IndIVIdual CIrcumstances of the correctIOnal officer requestIng the accommodatIOn. In every case, the reVIew shall be bI-weekly unless operatIOnal needs or employee needs reqUIre an earlIer reVIew of the accommodatIOn plan. 7 Umon PosItIOn Will not agree to set tIme frames Employer Counter In every case the duratIOn of each accommodatIOn plan shall be 3 months or less, dependIng on the IndIVIdual CIrcumstances of the correctIOnal officer requestIng the accommodatIOn. OR In every case, the reVIew penod shall be monthly unless operatIOnal needs or employee needs reqUIre an earlIer reVIew of the accommodatIOn plan. OR In every case, the reVIew penod shall be 3 weeks pnor to the end of the accommodatIOn plan. Decision The duratIOn of each accommodatIOn plan may be 3 months more or less, dependIng on the IndIVIdual CIrcumstances of the staff requestIng the accommodatIOn. In every case, the reVIew penod shall be 3 weeks pnor to the end of the accommodatIOn plan. Issue 7 Proposed language to be included in Key Components of a Temporary Work Plan Employer PosItIOn It IS recogmzed that each accommodatIOn plan shall be developed to address the current IndIVIdual CIrcumstances of the correctIOnal officer requmng It. Types of accommodatIOn that may be consIdered are - Temporanly changIng the correctIOnal officer's ShIft schedule - Temporanly assIgmng the correctIOnal officer to another post at the work sIte - Mutual ShIft exchanges Umon PosItIOn Add to the above lIst SupplYIng paid leave for the correctIOnal officer to remaIn away from the workplace to attend chIld/elder care Employer Counter Will not agree to addItIOnal umon language 8 Decision Add to types of accommodatIOn supplYIng paid or unpaid leave for staff to remaIn away from the workplace to attend chIld/elder care Issue 8 Proposed language to be included in Part 2 Leaves of Absence Employer PosItIOn ArtIcles 49 and 75 - SpecIal and CompassIOnate Leave Leave of absence wIth pay may be granted to employees for up to three (3) days In a calendar year on specIal and compassIOnate grounds The folloWIng may be consIdered by the employer as addItIOnal grounds for specIal/compassIOnate leave - Sudden Illness, InJury or dIsabIlIty of a dependent chIld or dependent parent. - ChIld or eldercare emergencIes - School emergencIes Umon PosItIOn References to leaves should also be Included as possIble components of accommodatIOn. Decision References to leaves wIth or wIthout pay noted In Issue 7 above and ArtIcles 49 and 75 - SpecIal and CompassIOnate Leave Leave of absence wIth pay may be granted to employees for up to three (3) days In a calendar year on specIal and compassIOnate grounds The employer may consIder the folloWIng as addItIOnal grounds for specIal/compassIOnate leave . Sudden Illness, InJury or dIsabIlIty of a dependent chIld or dependent parent. . ChIld or eldercare emergencIes . School emergencIes Short- Term Assignments The partIes have agreed to Include short-term assIgnments, whIch are temporary developmental opportumtIes for staff In the SystemIc Change Programme Short-term 9 assIgnments become avaIlable when a posItIOn needs to be filled because of a vacatIOn, dIsabIlIty leave or secondment or before a full tIme posItIOn IS filled The partIes have a number of outstandIng Issues regardIng how IndIVIduals are selected for short-term assIgnments, the first beIng the scope of the polIcy on short-term assIgnments, that IS whether or not the polIcy applIes only to female correctIOnal officers or to female staff Issue 1 Scope of the Policy Umon PosItIOn The short-term assIgnment polIcy should apply to every employee of the Mimstry Employer PosItIOn The short-term assIgnment polIcy applIes to female correctIOnal officers (and by extensIOn may effect male correctIOnal officers) Decision The short-term assIgnment polIcy applIes to female correctIOnal officers Issue 2 Length of Assignment Umon PosItIOn ApplIes to assIgnments greater than 2 weeks, less than 6 months Employer PosItIOn ApplIes to assIgnments greater than 6 weeks, less than 6 months Alternate Employer PosItIOn ApplIes to assIgnments 5 weeks and greater and less than 6 months Decision The polIcy applIes to assIgnments 5 weeks and greater and less than 6 months 10 Issue 3 Whether policy applies to positions other than OM 16 or other c.o. posts Umon PosItIOn The short-term assIgnments polIcy should provIde the opportumty for female correctIOnal officers to obtaIn short-term assIgnments to OM 16 posItIOns, other correctIOnal officer posts, and other posItIOns In a correctIOnal facIlIty Employer PosItIOn The short-term assIgnments polIcy should provIde the opportumty for female correctIOnal officers to obtaIn short-term assIgnments to OM 16 posItIOns and other correctIOnal officer posts Decision The short-term assIgnments polIcy should provIde the opportumty for female correctIOnal officers to obtaIn short-term assIgnments to OM 16 posItIOns, other correctIOnal officer posts, and other posItIOns In a correctIOnal facIlIty Issue 4 Principles a) Management Rights Umon PosItIOn AssIgnment of dutIes IS a management nght, however the dutIes should reflect the essentIal dutIes of the posItIOn to whIch the employee IS beIng assIgned In order to aVOId maJor consequences for the work umt. An employee's short-term assIgnment must Include all of the regular essentIal dutIes of the assIgned posItIOn. Employer PosItIOn The assIgnment of dutIes IS a management nght. Decision No language to be Included on thIS Issue b) Fair and Consistent vs. Fair, Equitable, and Transparent Umon PosItIOn The process IS to be fair eqUItable and transparent. 11 Employer PosItIOn The process of assIgmng correctIOnal officers to short term assIgnments IS to be fair and consIstent. Decision The process of assIgmng correctIOnal officers to short term assIgnments IS to be fair eqUItable and transparent. c) Ability Skills, Knowledge and Performance vs. Minimum Qualifications Umon PosItIOn The folloWIng cntena IS to be met mImmum qualIficatIOns to perform Job dutIes Employer PosItIOn AbIlIty skIlls, knowledge and performance contInue to be the primary criteria for the selectIOn of staff for short-term assIgnments Decision Female CorrectIOnal Officers selected for the short-term assIgnments elIgIbIlIty lIst must meet the mImmum qualIficatIOns to perform the posItIOn. Issue 5 Communication Umon PosItIOn Between the 1 st and 15th of October of each year the Supenntendent wIll Issue a wntten notIce to all staff to SOlICIt letters of Interest Employer PosItIOn At least once each calendar year (proVIded that the ElIgIbIlIty LISt has been exhausted) or when a short term assIgnment becomes avaIlable the Supenntendent or desIgnee wIll Issue correspondence to all staff Decision At least once each calendar year or when a short term assIgnment becomes avaIlable the Supenntendent or desIgnee wIll Issue a correspondence to all staff 12 Issue 6 Training The partIes agreed to the folloWIng language dunng oral submIssIOns If the CorrectIOnal Officer IS accepted on the ElIgIbIlIty LISt, management wIll arrange for the CorrectIOnal Officer to obtaIn the necessary traInIng as soon as IS reasonably possIble, takIng Into account operatIOnal consIderatIOns Issue 6 Gender Balance Umon PosItIOn When there are more people who meet the mImmum reqUIrement and have never performed the Job before, semonty wIll be the deCIdIng factor In the selectIOn process (for correctIOnal officer post assIgnments) Employer PosItIOn To promote and ensure gender balance, semonty wIll not be a conSIderatIOn In the selectIOn of staff for short-term assIgnments Decision When there are more female correctIOnal officers who meet the mImmum reqUIrement and who have never performed the Job before, semonty wIll be the deCIdIng factor In the selectIOn process (for correctIOnal officer post assIgnments) Submissions on "Remaining Areas of Disagreement" Between the submISSIOns of October 2001 and January 23 2002, the partIes contInued to settle Issues between them and to work towards an agreement on a final lIst of Issues In dIspute WhIle the ImtIal agreement between the partIes was that the board was "not lImIted In the quasI- Interest arbItratIOn format to choOSIng one party's proposals over the other's, In whole or In part, and must deCIde what ISJUSt In the context of the O'Bnen award," (June 14 2001 order) thIS agreement was modIfied for the January 23 2002 heanng. The partIes agreed to proceed on the baSIS that the board would choose eIther the employer's pOSItIOn or the umon's pOSItIOn. Some pOSItIOns were modIfied or explaIned by oral submISSIOns on January 23 2002 and the board was 13 Instructed to Include these changes In the deliberatIOns Further where a clanficatIOn of language was necessary to aVOId ambIgUIty the board was Instructed by the partIes to ensure that the language was clear The board was asked to record the folloWIng Items as agreed between the partIes on January 23 2002 1 A computer kIosk wIll be set-asIde for employees to use at each correctIOnal InstItutIOn In a reasonably accessIble locatIOn. OutsIde of InstItutIOns there wIll be reasonable computer access 2 Employees wIll be gIven a reasonable (cost neutral, except In exceptIOnal cIrcumstances, related to the SystemIc Change Programme) opportumty to access the kIosk. 3 The mImstry shall Implement the web sIte by Apnl 30 2002, save that, In the event of any OPS work stoppage, the deadlIne shall be extended by the length of the work stoppage plus two addItIOnal weeks 4 ImplementatIOn of the MCS learmng plan (whIch shall Include a process for IdentIfYIng and dISCUSSIng career aspIratIOns) wIll occur by September 30 2002 Items in dispute The partIes have agreed to the folloWIng language The only Issue left to deCIde IS the scope, that IS, to whom the polIcy applIes Issue 1 Orientation of New Em ployees a) A conSIstent InformatIOn package wIll be proVIded to (instItutIOnal) staff and theIr onentatIOn commencIng May 31 2002, or In the event that an OPS work stoppage, that deadlIne shall be extended by the length of the stoppage and an addItIOnal two weeks b) For InstItutIOns, the onentatIOn package wIll Include InstItutIOnal reqUIrements of the Job IncludIng any rules, polICIes and standIng orders, where and how to access InfOrmatIOn on polICIes and procedures, the SCP acknowledgement form, the computer kIosk, and the reqUIrement to partICIpate In an eXIt IntervIew managenal structure and who they are, umon representatIves, OHS representatIves, a bnef outlIne ofwellness and EAP programme and who representatIves are for acceSSIng, the WDHP adVIsers and medIators The InformatIOn package shall be commumcated verbally through, at the employer's dIscretIOn, oral explanatIOn or proVISIOn ofwntten documents. The employer maIntaInS that thIS proVISIOn applIes only to InstItutIOnal staff, whIle the umon's pOSItIOn IS that all staff should receIve the onentatIOn matenal, whIch Includes InformatIOn on the systemIC change programme and other InformatIOn. Decision 14 a) A consIstent InformatIOn package wIll be provIded to staff and theIr onentatIOn commencIng May 31 2002, or In the event that an OPS work stoppage, that deadlIne shall be extended by the length of the stoppage and an addItIOnal two weeks b) The onentatIOn package wIll Include reqUIrements of the Job IncludIng any rules, polICIes and standIng orders, where and how to access InfOrmatIOn on polICIes and procedures, the SCP acknowledgement form, the computer kIosk, and the reqUIrement to partICIpate In an eXIt IntervIew managenal structure and who they are, umon representatIves, OHS representatIves, a bnef outlIne ofwellness and EAP programme and who representatIves are for aCceSSIng, the WDHP adVIsers and medIators The InfOrmatIOn package shall be commumcated, at the employer's dIscretIOn, eIther by oral explanatIOn or proVISIOn ofwntten documents. Issue 2 Computer Content - Responsibility Employer POSItIOn The Steenng CommIttee or ItS successors should deal WIth computer content Issues Umon POSItIOn A person or pOSItIOn IS responSIble for content and shall be IdentIfied to the umon. Decision A person or pOSItIOn IS responSIble for content and IdentIfied to the umon. Issue 3 Communication of Training Opportunities Employer POSItIOn Will make reasonable efforts to commumcate traInIng opportumtIes Umon POSItIOn All traInIng opportumtIes shall be commumcated eIther on the websIte or In the relevant workplace and the consequence If any of any faIlure to post such traInIng opportumtIes shall be dIscussed by the Steenng CommIttee, or ItS successor and In the event of any remaInIng dIspute, resolved by Gnevance and Settlement Board. Employer Final POSItIOn TraInIng opportumtIes that are reasonably WIthIn the range of the relevant employees wIll be commumcated by the employer on the web sIte and/or In the relevant workplace Trends 15 IdentIfied regardIng the faIlure to commumcate traInIng opportumtIes shall be dIscussed by the Steenng CommIttee or successor Decision TraInIng opportumtIes that are reasonably wIthIn the range of the relevant employees wIll be commumcated by the employer on the web sIte and/or In the relevant workplace Trends IdentIfied regardIng the faIlure to commumcate traInIng opportumtIes shall be dIscussed by the Steenng CommIttee or successor Issue 4 Decision on Developmental Opportunities Employer posItIOn DecIsIOns about access to developmental opportumtIes wIll be made on the basIs of operatIOnal needs Umon PosItIOn Concermng developmental opportumtIes, where the employer raises operatIOnal needs IS a barner the employee, plus the umon If requested, shall dISCUSS whether the matter can be resolved. OperatIOnal reqUIrement shall be reasonably assessed and resolved, If possIble, by compromIse or reschedulIng wIth the goal of a mutually agreed solutIOn. Any remaInIng dIspute shall be referred for resolutIOn to the Steenng CommIttee, and If necessary can be gneved. (The test shall be reasonableness, but not to the extent of undue hardshIp) Employer Final PosItIOn DecIsIOns about access to developmental opportumtIes wIll be made on the basIs of operatIOnal needs and the IndIVIdual's learmng plan, where It eXIsts Concermng developmental opportumtIes for women, where operatIOnal needs are raised as the reason for the unavaIlabIlIty of the opportumty the employee shall dISCUSS whether the matter can be resolved, wIth the goal of a mutually agreed upon solutIOn. OperatIOnal reqUIrement shall be reasonably assessed and, If pOSSIble, the matter wIll be resolved by compromIse or reschedulIng. A remaInIng dIspute shall be referred for resolutIOn to the Steenng CommIttee Decision DeCISIOns about access to developmental opportumtIes wIll be made on the baSIS of operatIOnal needs and the IndIVIdual's learmng plan, where It eXIsts Concermng developmental opportumtIes for women, where operatIOnal needs are raised as the reason for the unavaIlabIlIty of the opportumty the employee shall dISCUSS whether the matter can be resolved, WIth the goal of a mutually agreed upon solutIOn. OperatIOnal reqUIrement shall be reasonably assessed and, If pOSSIble, the matter wIll be resolved by compromIse or reschedulIng. A remaInIng dIspute shall be referred for resolutIOn to the Steenng CommIttee 16 Issue 5 Job Shadowing Policy Employer PosItIOn No further Job shadowmg polIcy as already dealt wIth on page 33 of SCP agreement. Umon PosItIOn AJob shadowmg polIcy should be developed by September 30 2002, (save that, m the event of any OPS work stoppage, that deadlIne shall be extended by the length of the work stoppage plus two addItIOnal weeks) It should accord wIth current OPS polIcy It IS to be avaIlable on request through the career aspIratIOn IdentIficatIOn process It should be avaIlable to all employees If the person m questIOn IS female specIal attentIOn should be gIven to IdentIfymg J ob-shadowmg opportumtIes for supervIsory posItIOns m the Mimstry A reasonable number of Job shadowmg opportumtIes are to be created and proVIded. Any dIspute about whether reasonable number of such opportumtIes have been created shall be returned to the Steenng CommIttee for dIscussIOn and resolutIOn, faIlmg whIch the matter can be gneved. Employer Final PosItIOn No further Job shadowmg polIcy as already dealt wIth on page 33 of SCP agreement and It already eXIsts as part of the MBS learmng and development polIcy Decision No further Job shadowmg polIcy as already dealt wIth on page 33 of SCP agreement and It already eXIsts as part of the MBS learmng and development polIcy Issue 6 Posting Employer PosItIOn Mimstry wIll send a questIOnnaire to each mstItutIOns solIcItmg mformatIOn on theIr current postmg practIces For example one questIOn could be "the OPSEU collectIve agreement proVIdes thatJob opportumtIes must be posted for a mImmum often days What procedures do you have m place to msure that thIS reqUIrement IS met"? Usmg the results of the questIOnnaire to obtam best practIces and IdentIfied deficIenCIes, the Mimstry wIll then Issue a dIrectIOn to the field on the appropnate postmg practIces Umon POSItIOn The Mimstry shall ensure that partIcular personnel or pOSItIOns are responSIble for ensunng Job postmgs and that person or pOSItIOn should be IdentIfied to the Umon. Job postmg shall clearly 17 IdentIfy by category whether the postIng IS OPS wIde, Mimstry wIde, or locatIOn specIfic PostIngs are to be tImely and posted so that they are brought to the attentIOn of the concerned staff Employer Final PosItIOn Mimstry wIll send a questIOnnaire to each InstItutIOns SOlICItIng InformatIOn on theIr current postIng practIces USIng the results of the questIOnnaire to obtaIn "best practIces" and IdentIfied deficIencIes, the Mimstry wIll Issue a dIrectIve to the field clanfYIng appropnate postIng practIces, partIcularly that postIngs should be tImely and accessIble Decision The Mimstry shall ensure that partIcular personnel or posItIOns are responsIble for ensunng Job postIngs and that person or posItIOn should be IdentIfied to the Umon. Job postIng shall clearly IdentIfy by category whether the postIng IS OPS wIde, Mimstry wIde, or locatIOn specIfic PostIngs are to be tImely and posted so that they are brought to the attentIOn of the concerned staff Issue 7 Exit Interviews Umon PosItIOn An eXIt IntervIew wIll be conducted on all bargaInIng umt members or all employees on all InstItutIOnal personnel and InformatIOn from eXIt IntervIews about why women are leaVIng should be produced and shared wIth the Steenng CommIttee or ItS successor and the audIt process Employer Final PosItIOn An eXIt IntervIew wIll be conducted on all InstItutIOnal Mimstry personnel (except those termInated, surplussed or retmng) and InformatIOn from eXIt IntervIews about why women are leaVIng should be produced and shared wIth the Steenng CommIttee or ItS successor and the audIt process Decision An eXIt IntervIew wIll be conducted on all InstItutIOnal Mimstry personnel (except those termInated, surplussed or retmng) and InformatIOn from eXIt IntervIews about why women are leaVIng should be produced and shared wIth the Steenng CommIttee or ItS successor and the audIt process Issue 8 Networking 18 The partIes agreed that the only Issue left, SInce the proposed language of both IS substantIally the same, IS the scope of the proVIsIOn, that IS whether It applIes to all female employees Umon POSItIOn The Mimstry's commItment to fostenng networkIng should be formally announced eIther as a separate commumcatIOn or as a larger set of commumcatIOns That networkIng should be partIcularly targeted at women. There should be at least one networkIng opportumty per mImstry regIOn (there beIng four regIOns) per year WIth each woman havIng the opportumty to meet at least one other woman outsIde theIr own workplace The networkIng opportumty to be arranged shall be based on a substantIve arranged dIscuSSIOn (such as a workshop lunch and learn forum, conference, traInIng, etc ) Employer POSItIOn The Mimstry's commItment to fostenng networkIng should be formally announced eIther as a separate commumcatIOn or as part of a larger set of commumcatIOns That networkIng should be partIcularly targeted at women. At least one networkIng opportumty shall be proVIded for a cross sectIOn of female employees In each regIOn annually (such as a workshop conference, forum, shanng of best practIces, Idea exchange, etc) Decision The Mimstry's commItment to fostenng networkIng should be formally announced eIther as a separate commumcatIOn or as a larger set of commumcatIOns That networkIng should be partIcularly targeted at women. There should be at least one networkIng opportumty per mImstry regIOn (there beIng four regIOns) per year WIth each woman havIng the opportumty to meet at least one other woman outsIde her own workplace The networkIng opportumty to be arranged shall be based on a substantIve arranged dIscuSSIOn (such as a workshop lunch and learn forum, conference, traInIng, etc ) Issue 9 Step II Grievance Step II gnevance InformatIOn Item ansIng from clause # 6 of the November 21 2001 mInutes of settlement, whIch proVIdes The only remaInIng Issue WIthIn thIS context IS the process to be followed at the second stage of SCP gnevances The partIes have agreed to put thIS one Issue to the arbItrator as part of the final offer selectIOn process agreed to resolve the other remaInIng Issues 19 Umon PosItIOn InformatIOn should be provIded by the Mimstry of Human Resources to the umon Steenng CommIttee Employer PosItIOn No specIal process IS necessary Decision No further language IS to be Included on thIS Issue I shall remaIn seIzed to Interpret or assIst WIth the ImplementatIOn of thIS decIsIOn. Dated at Toronto thIS 10th day of May 2002 D lD LeIghton, Vice-Chair