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HomeMy WebLinkAbout1994-0576LOGAN97_01_15 ( ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE , 1111 SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO. M5G IZ8 TELEPHONE ITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G IZ8 FACSIMILE ITELECOPIE (4 !6) 326-1396 GSB # 576/94 OPSEU # 94A861 IN THE HATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Logan) Grievor - and - The Crown in Right of ontario (Ministry of the Solicitor General & Correctional Services) Employer BEFORE: N Backhouse vice-Chairperson S. Urbain Member M O'Toole Member FOR THE M Bevan GRIEVOR Grievance Officer ontario Public Service Employees Union FOR THE A Gulbinski EMPLOYER Grievance Administration Officer Ministry of the Solicitor General & Correctional services HEARING December 10, 1996 - Page 2 - ( The decIsIOn of January 16, 1995, of thIS Board oblIged the Employer to find the Gnevor alternate appropnate employment through the Corporate Placement LISt The Gnevor was entitled by that decIsion to receIve a salary for six months whIch penod was extended by Order of thIS Board of November 6 1995, for a further SIX months because the Board was not satisfied that the Employer had made all reasonable efforts to find employment for the Gnevor In the extended SIX month penod, no positions were offered to the Grievor At the December 6, 1996, hearing, the Employer filed a report from Corporate Placement ServIces hIghhghtmg 128 pOSItIOnS across the Ontario Public ServIce for WhICh the Gnevor was considered smce January 16, 1995 The Uillon and the Employer had been seekmg this mformatIOn SInce July and September, 1996, respectively Of the 128 positIOns, the Employer found eight pOSItIOns for WhICh it felt the Gnevor may have been qualIfied All eight of these pOSItIOns were gIven to more senIOr employees In our VIew, the DeCISIOn of January 16, 1995, dId more than reqUIre the Employer to treat the Gnevor as a surplus employee under Article 24 of the CollectIve Agreement The Gnevor's pOSItIOn stIll eXIsts It has been agreed that she cannot return to It and that she IS entItled to alternate appropnate employment The Gnevor IS not a surplus employee The eVIdence heard on December 6, 1996 from Stephen Brown, SenIOr Corporate Placement Consultant was that, from the start, the lIkelIhood of the Employer findmg alternate employment for the Gnevor was low so long as she was treated as a surplus employee - Page 3 - We find that the Employer should contInue to seek alternate appropnate employment for the Gnevor for a further penod of 3 months from the time It commences to look for the same The Gnevor's salary as a C02 shall be contInued from when it termInated to the end of the further 3 month extensIOn The Gnevor shall be offered any posItlon for WhICh she IS qualified WIthout regard to senIOnty We do not consider the ongmal Order of thIS Board to require the Employer to tram the Gnevor for jobs for WhICh she IS not presently qualIfIed The following terms are agreed to and shall apply 1 Corporate Placement SerVIces shall mamtam an area of search provmcewIde, the acceptabIlIty of a partlcular geographIcal location to be by mutual consent 2 The salary perameters of the Job search shall be 3% above and 20% below the C02 salary level 3 The Gnevor, by December 31, 1996, shall provIde an up- to-date resume A meetmg shall be set up between the Gnevor and Mr Ted Anthony, Human Resource Consultant In the Western RegIOn, to do a new Job InformatIOn package and skIlls assessment It IS the Employer's mtentIOn to commence the Job search as of January I 1997 4 If the Gnevor has to take a pOSItIOn at a lower salary than that of CO2 then she WIll be red CIrcled and shall retaIn the C02 salary level 5 The Gnevor cannot work. In a CO pOSItIOn In any MmIstry - Page 4 - 6 ThIs hearIng shall be adJourned to May 1, 1997, and thIS Board shall remam seized of thIS matter In the event that a posItIOn has been found for the Gnevor acceptable to all parties, then the partIes shall notIfy the GrIevance Settlement Board that It IS not necessary to proceed wIth the hearIng DATED' at Toronto, Ontario this 15th d~f ~ N aney L Baekhouse ChaIrperson ~'i/;Jn I~ ' L 0ULr- S U rbam UnIon Member l;? iL 617~ M O'Toole Employer Member