HomeMy WebLinkAbout1996-2779.UNION98_07_20
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O/llTARKJ EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'O/llTARKJ
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONErrELEPHONE (416) 32~-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILEfTELECOPIE (416) 32~-139(S
GSB #2779/96, 0141/97
OPSEU #97U008, 97U056
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN ElVIPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLElVIENT BOARD
BETWEEN
OPSEU (UnIon Gnevance)
Gnevor
- and -
The Crown III RIght of Ontano
(Mimstry of CommunIty and SocIal ServIces)
Employer
BEFORE S Stewart Vice-Chair
FOR THE G Leeb
UNION Counsel
Ontano PublIc ServIce Employees UnIon
FOR THE B Loewan
EMPLOYER Counsel, Legal ServIces Branch
Management Board Secretanat
REA RING July 14, 15, l6, 1998
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INTERIM DECISION
The general issue before me relates to whether the Employer
has fulfilled its obligation to make reasonable efforts in
accordance with Appendix 9 of the Collective Agreement There
have been a number of interim rulings and agreements between the
parties in relation to various issues that have arisen in the
course of this proceeding, most recently an agreement between the
parties dated June 24, 1998, regarding the commencement of
placement planning for residents
Paragraph 13 of the June 24, 1998 agreement provides that
for residents who have no known next of kin and for whom there is
no existing advocate, a member of the social work department in
the institution will initiate contact with the resident to
determine whether the resident wishes the planning process to
commence If the social worker determines that a resident does
wish to commence the planning process it is agreed that the
determination of the social worker in that regard will be
conclusive In the memorandum, the parties have specifically
reserved on the issue as to who will make the determination at
Prince Edward Heights As the parties were unable to resolve
this issue between themselves, they requested that I determine
the matter I advised the parties of my determination at the
hearing on July 15, 1998 At the request of the parties, I am
providing my decision in writing
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The Employer expressed concerns about the paragraph 13
assessments being carried out at Prince Edward Heights by Mr
Bruce polnick Mr polnick is the social worker who would be
assigned to the assessments in the ordinary course The Employer
has raised the question of whether Mr Polnick has a conflict of
interest which ought to preclude him from conducting the
assessments, arising by virtue of his part-time employment with a
local agency which ultimately may receive residents from Prince
Edward Heights There is no suggestion that a conflict of
interest is created by his part-time employment in connection
with Mr Polnick's usual duties at the institution or in
connection with the duties to be carried out by the social worker
pursuant to the other provisions of the agreement, relating to
circumstances in which the resident or his representative has
requested that planning commence The concern of the Employer is
that another agency may perceive a potential for Mr Polnick
having influenced the resident's ultimate placement choice in
connection with his determination of whether the resident wishes
to commence the planning process
While it is appropriate for the Employer to conduct itself
with care in identifying possible conflicts of interest, I am not
satisfied that the potential concern identified provides a basis
for concluding that Mr Polnick would have a conflict of interest
in carrying out the responsibilities contemplated by paragraph 13
of the Agreement As Vice-Chair Finley noted in Ministrv of
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Health & OPSEU ( Edwards) , 2216/94, a decision referred to me by
Mr Loewen, certain persons may well perceive a conflict of
interest on the flimsiest of evidence Therefore, she concluded,
it is appropriate that an objective standard of reasonableness be
applied in determining whether a conflict of interest exists In
applying that standard to these circumstances I am not persuaded
that a conflict of interest exists The planning process,
wherein the resident's choice is made, is undertaken with a third
party planner Mr Polnick is only required to determine the
resident's wishes in relation to the commencement of the planning
process In my view, the nature of the determination that Mr
Polnick would be required to make pursuant to paragraph 13 is not
such that his part-time employment with a local agency would
provide a reasonable basis for an apprehension of favouritism or
unfair advantage to that agency
Accordingly, Mr Polnick will conduct his duties as a social
worker at Prince Edward Heights in accordance with paragraph 13
of the June 24, 1998 agreement and there is no need for a
consideration of the relative merits of the other candidates
Dated at Toronto, this ~~ay of July, 1998
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S L stewart - Vice-Chair