The URL can be used to link to this page

Home My WebLink About1996-2779UNION97_08_25 ONrARKJ EMPL OY~S DE LA COU~NE CROWN EMPLOYEES DE ('ONTARIO 1111 GRIEVANCE COMMISSION DE . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SU/TE800, TORONroONM5G IZ8 TELEPHONErrELEPHONE (4H5) 32ts-1388 180. RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G 1Z8 FACS/MILErrELECOPIE (41ts) 32ts-13QO GSB # 2779/96, 141/97 OPSEU # 97UOO8, 97U056 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Union Grievance) Grievor - and - The Crown in Right of ontario (Ministry of Community & social Services) Employer BEFORE: W. Kaplan Vice-Chair FOR THE G. Leeb UNION Grievance Officer ontario Public Service Employees Union FOR THE D Chiro EMPLOYER Coordinator, C A Negotiation Management Board Secretariat HEARING August 12, 15, 1997 r BOARD ORDER Attached is the Minutes of Settlement which the parties agreed would be made an Order of the Board DATED at Toronto, this 25th day of August, 1997. W Kaplan, Vice-Chairperson (JoCAvcA o../J\<?v- GSB FILE ~O 2779/96,0141/97 IN THE MA TIER OF A GRIEVANCE Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETILEMENT BOARD BETWEEN OPSEU (Union Grievance) Grievor RECEIVED - and . AUG 1 8 1997 The Crown in Right of Ontario 'Ministry of the Community and Social Services) PUBLIC SERVICE Employer APPEAL BO,fl.RD8 Memorandum of Understandin& WHEREAS the Employer bas made a decIsion that the following facilIties will be closed or downsIZed. Prince Edward Heights, Rideau Regional Centre, Huronia Regional Centre, Adult Occupational Centre Edgar, Midwestern Regional Centre and Southwestern Regional Centre, AND WHEREAS the above closures and downsizings will result in the placement of residents from these facilitIes to numerous agencies over an extended period of time, AND WHEREAS the parties received a decision from the GSB dated June 2, 1997 deal1ng with the Employer's oblIgations to make reasonable efforts related to the transfer of bargainIng urnt functlons or jobs as a result of the placements of residents, AND WHEREAS the decIsIon directed the parties to dIscuss ho\\ best to manage the closure of these faCIlitIes In light of the employer's obl1gatlons to make reasonable efforts and the reqUIrement the employees be surpluse,d on the baSIS of semon!)', ~ 11 ~r-J, t.N"'-t'.rc-> ,tq"'t"(t'ss"'.../ ~",,+-..,.....c ('.--(,("7~-c;L,~\...~ -r e(.~'( c:"s+ ~(~ "" ! vr (' VV\..... I - .--.. I AND 'NHEREAS the partIes WIsh to reach an understandIng regardIng the above noted Issues, l.A/ Ifv.. ~ the partIes hereto agree to the follOWIng Memorandum of UnderstandIng to be applIed only to the /" placement of resIdenrs from the above facilItles thar occur on or after the dare of slgrung t?lv'" \ [ \ S C <rj'~< I The Employer WIll attempt to secure from an agency receIving the placement of a _ '7 A CCo nil · -~ I)') -r ("- C< ~ \ wi "'/"" k ~ <'1- -1-.", '+".rr t-:'] J -he ",,/,,,,1 w\ (/ 1--- c:,/ /1 e-- ~ ~...... (c.e VT '--J( ------ S fe. .p 09c~ (; ~"C J 0_ I I _ 1--. I - "I - ... "" resident from the facilities a Job offer for an employee In the facility from whIch the placement will occur pursuant to the followlOg process The parties acknowledge that the reqUIrements of the agency may requlre the employer to modify the followmg process In order to obtam the agency's agreement to make an offer of emplovment The parties ~s further acknowledge that the employees must be able to perform, In-IRe 01'IlliOR of the dc?~"...... agency, the duties of the ~tlOn available with the agency w'",~ve c::..-""\ ~/ CA.) e "'17 t'" v\ l r.,.J-H + v...... ...." (' kc- -.... +- \S- C1 ~",t fh ~ c.{ ~""'+~..... 0\ 0""'..-h (V\ ("'..... 2 The Employer will attempt to obtam from the agency information regarding any positions available with the agency, including terms and conditions of employment for the positions i available and the mlrumum qualifications for the posnions The information received from the agency will be posted on a bulletin board in the facilIty from wluch the -rG- (" < placement will occur, with a copy to the union. If placements from multIple facilIties , ,. '" have resulted in the positions being available with the agency, the posting will be made in ~ r each of those facilities <;.;e. ( ..- " -.J 3 The .posting shall specify the date upon which the names of interested employees must be ,,- ~ received by the Employer in order to be forwarded to the agency Employees witbm $e ~ facility who are interested in accepting employment with the agency must respond to the ..... ..... ~ posting in writing to the Employer by the date specified. The posting will be available ~ for at least 3 days 4 The Employer will forward to the agency from each of the facilities 10 which the postmg r occurs the names and seruonty dates of the employees who responded to the postmg and ~ who appear to meet the nurumum qualIficatIOns speCIfied by agency Where the employer \S' forwards the name of an employee to the agency, the employer will forward to the agency C'I..c any infonnatlon subnutted by that employee m response to the post1Og. ;:f \ 5 The Employer will attempt to have the agency offer employment to the most sernor of the ~ employees whose names were prOVIded that is acceptable to the agency S \ ... If no employees WIthin the facilIty respond to the posting, the Employer will forward the ;. 6 ) names and seruonty dates of the employees who It expects to be surplus or who have been made surplus as a result of the placement and W111 attempt to have the agency offer - employment to the ~r of those employees that IS acceptable to the agency c:c lc."''''s\- ~A\vV ~ If the agency WIshes to mtemew any of the employees whose names were forwarded to ( 7 the agency, the employee shall be granted time off to attend the 10temew WIth no loss of pay and WIth no loss of credits, proVlded that the time off does not unduly mterfere vv1th operatmg reqUlreme:lts I f the agency does make a Job offer to an employee of the Employer pursuant to the above \.. 8 process, the agency v.111 be requIred to forward a copy of the offer to the Emplo\er and to hold the Job afTer open for at le3st three days 3 - ,I' 9 If an employee receives an otTer of employment with the agcnC"~ pursuant to the above process, the prOVlSlons of Appendix 9 shall apply and, In particular I) If the otfer IS accepted by the employee the proVIsIOns of l(a) of Appendix 9 applies, 11) If the offer made to the employee meets or exceeds the requirements outlmed m 1 (b) of Appendix 9, the employee shall be deemed to have resigned as of the date of the commencement of the offer of employment with the agency and no other proVIsions of the Collective Agreement Wlll apply except for Article 53 or 78 (Termmatlon Pay), lll) If the offer made to the employee does not meet the reqUIrements outhned In I (b) of Appendix 9, the employee may dechne the offer 10 Nothmg 10 the above hnuts the ability of the Employer to exerCIse Its management nghts under Art 2 1 of the Collective Agreement and In particular the abilIty to determIne the complement necessary at each of the facihtIes or detemune the surplus employees In the facihtIes pursuant to Art. 20 of the Collective Agreement. 11 ThIs memorandum of understand10g shall expire upon the expIry of AppendIX 9 12 The partIes agree that this agreement IS WIthout prejudice and precedent tO-tRe partIe)' re3pcetlve-pOSltHmS In any otner matter clhd It IS furtner agreed ~l',ri understood th~lus agreement shaH not- be rCftfl eJ LO m an, proceedings relatoo t() any other m::ltter ~ M-e f?'\/~r;'"~' tI't''1 <.I). C~ + -h..... + -1--\5, \'e ~~e/l e ~""-cv.:~e'- C q ~<::' '6cc" Dated at Toronto, tlus / ~ 't,,~ day of 4..--; '- ~ f 1997 I ' THE EMPLOYER THE UNION \" ~ ~~ 7~ ~A' ---~ --... - , ~ ?J ---- '--.....1-._ L J '--~ j, ~ '1.-\ ~\ ^-,--\. ~'-t I. {'-{ 'L ( ---( / I \~ ( t \ \ / I