HomeMy WebLinkAbout2001-0545.Alford et al.05-09-22 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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2004-0517-0101 2004-0517-0102, 2004-0517-0103
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Alford et al) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Commumty Safety and CorrectIOnal ServIces) Employer
BEFORE Deborah LeIghton Vice-Chair
FOR THE UNION Scott Andrews
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Greg GledhIll
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
CONFERENCE September 12 & 15 2005
CALLS
2
DeCISIon
ThIS IS a deCISIOn on a motIOn for a complIance order heard by a conference call on September
12 and September 15 2005 I adJourned September 12 and resumed September 15 In order to
allow the employer and umon representatIves to seek clanficatIOn from theIr clIents on several
pOInts and to permIt them to prepare whatever documentatIOn they consIdered necessary for me
to decIde thIS motIOn.
The partIes agreed by Memorandum of UnderstandIng (MOU) sIgned January 19 2005 as
follows
1 The partIes agree to meet WIthIn thIrty (30) days of the sIgmng of thIS agreement In
regards to develoPIng and ImplementIng a SIX (6) month pIlot proJect for the purpose
of callIng In staff for open ShIftS The partIes further agree to reVIew the proJect at the
completIOn for possIble extenSIOn. Management agrees to InVIte the Umon PresIdent
and the Supenntendent from the Toronto JaIl
2 FolloWIng the conclusIOn of the consultatIOn process, the terms of the pIlot proJect
wIll be clanfied In wntIng as soon as possIble The partIes agree that the Employer
shall determIne the appropnate posts, and the partIes wIll come to a mutual agreement
In regards to the employees that wIll be assIgned the work.
3 Upon the sIgmng of thIS agreement for the above noted pIlot proJect, the partIes agree
to contInue to resolve the overtIme gnevances filed pnor to January 19 2005 relYIng
on the eXIstIng records
4 Should the partIes encounter any dIfficultIes In regards to the ImplementatIOn of thIS
memorandum, the partIes agree to conduct a teleconference wIth Vice-Chair LeIghton
who shall remaIn seIzed wIth thIS agreement.
The employer's ImtIal submIssIOn was that the partIes had agreed on another InstItutIOn for the
pIlot proJect IdentIfied In paragraphs 1 and 2 The umon dIsagreed, but acknowledged that the
purpose of thIS motIOn was to seek an order from the board requmng that the employer comply
wIth paragraph 3 wIthIn 30 days The employer then argued that paragraph 3 was only to be
done upon completIOn of paragraphs 1 and 2
It was the umon' s submIssIOn that they have been purSUIng ImplementatIOn of thIS memorandum
SInce It was sIgned, and they seek an order that paragraph 3 wIll be satIsfied wIthIn thIrty days of
thIS order In the umon' s estImatIOn It would take two to three days for the partIes to go through
approxImately forty-five overtIme gnevances In a process that the partIes began dunng the
"med-arbs" at MWDC last January
The employer submItted that the human resources to Implement the MOU are not avaIlable and
wIll not be avaIlable untIl after a workload reVIew IS completed at the end of October as reqUIred
by Minutes of Settlement sIgned In July 2005
3
Decision
HavIng carefully consIdered the submIssIOns and the documentatIOn advanced by the partIes, I
am not persuaded that the ImplementatIOn of paragraph 3 IS condItIOnal on the matters addressed
In paragraphs 1 and 2 beIng completed. Indeed, the best understandIng of the language of
paragraph 3 reqUIres that partIes undertake to resolve overtIme gnevances filed pnor to January
19 2005 upon sIgmng the Memorandum of UnderstandIng Itself ThIS condItIOn was met on
January 19 2005 There IS no suggestIOn In paragraph three that ItS provIsIOns do not take effect
untIl there IS a resolutIOn of the matters addressed In Paragraphs 1 and 2 Moreover there IS no
suggestIOn In paragraphs 1 and 2 that they are to be undertaken or completed before paragraph 3
Further I find that the employer has an oblIgatIOn to fulfill these mInutes that cannot be
"excused" by sIgmng a later MOS The oblIgatIOn has eXIsted SInce January 19 2005 The
Integnty of the "med-arb" process, and Indeed labour relatIOns between the partIes, reqUIres that
mInutes of settlement be Implemented In a tImely manner
The language of paragraph 3 provIdes that the partIes agree to contInue to resolve the overtIme
gnevances SInce thIS has not been done, the umon requests an order that the employer be
reqUIred to resume the process of reVIeWIng the overtIme gnevances and fimsh that reVIew
WIthIn 30 days I have decIded to grant thIS motIOn, but I am gIVIng the employer an addItIOnal
two weeks to complete the process, untIl November 3 2005
Order
Thus for the reasons noted above the employer IS hereby ordered to satIsfy the reqUIrements of
paragraph 3 by November 3 2005 by makIng the appropnate management employees avaIlable
wIth the InfOrmatIOn (and documents) to SIt down wIth the umon officIals to contInue the process
that was begun at the last "med-arbs" at MWDC to reVIew the approxImately 32 outstandIng
overtIme gnevances (as of January 19 2005) I shall remaIn seIzed In the event that there are any
dIfficultIes wIth the ImplementatIOn of thIS order
Dated at Toronto thIS 22nd day of September 2005
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