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HomeMy WebLinkAbout2000-1252.GroupGrievance.01-02-16 ORDER1 o NTARI 0 EMPLOYES DE LA COL'RONNE CROWN EMPLOYEES DE L "ONTARIO -- GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 128 TELEPHONE/TELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB #1252/00 OPSEU#00UI48 00U149 00U150 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BElWEEN Ontario Public SelVice Employees Union (Union Grievance) Grievor -and- The Crown in Right of Ontario (MinistlV of the Solicitor General and Correctional SelVices) Emplover BEFORE Richard Brown Vice Chair FOR THE David Wright, Counsel GRIEVOR Ryder, Wright, Blair & Doyle Barristers and Solicitors FOR THE Len MalVY Counsel EMPLOYER Legal SelVices Branch Management Board Secretariat HEARING JanualV 22, 2001 FebrualV 5 2001 FebrualV 16 2001 ORDER In my decIsIon dated F ebrumy 12, 2001, I determmed that the employer should not have mcluded m the RFP employees m those pOSITIOnS attributable to mmates servIng "mtenmttent" sentences at Burtch CorrecTIonal Centre. I directed the employer to amend the hst of employees attached to the RFP A further heanng was scheduled to detenmne the number of employees to be removed from the RFP and the process to be used to detenmne winch employees will be removed from the RFP I now make the followmg order 1 12 correcTIonal officers, 1 cook, 1 mamtenance staff, 1 nurse and 1 clerk (all at Burtch) will have the opportunIty to choose not to be mcluded m the CNCC RFP 2. Those who choose not to be mcluded m the CNCC RFP will be swplussed and have full access to artIcle 20 nghts pursuant to the colleCTIve agreement. 3 The followmg process will be used to detenmne those employees at Burtch who choose swplus rather than mclusIOn m the CNCC RFP 1 All staff m each respeCTIve group (correcTIonal officer, mamtenance staff, nurse, cook, and clerk) will be gIven the opportunIty to choose. The most seruor 12 correcTIonal officers, 1 mamtenance staff, 1 nurse, 1 cook and 1 clerk to choose artIcle 20 nghts will be swplussed according to artIcle 20 2. These chOIces will be offered on F ebrumy 27, 2001 and the employees will have 3 workmg days to deCIde. In default of an electIon, they will be mcluded on the CNCC RFP, pursuant to Appendix 18 of the colleCTIve agreement. 4 A hst of pOSITIOnS mcluded m the mamtenance and clerk groups IS attached as AppendIx A. TIns order resolves all Issues With respect to the "Burtch mtenmttent" part of the gnevance. I shall remamed seIzed of any problems With the mterpretaTIon or ImplementaTIon of tlns Order Dated at Toronto this 16th day of Febmarv 2001 -." /1 j./;' ...4 ~~l /"-"~. .if / .. .." I Richard Brown, Vice-Chair 2