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HomeMy WebLinkAbout2002-1928.Policy Grievance.03-09-23 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 1928/02 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN The ASSOcIatIOn of Management AdmInIstratIve and ProfessIOnal Crown Employees of Ontano (PolIcy Gnevance) Grievor - and - The Crown In RIght of Ontano (Management Board Secretanat) Employer BEFORE Richard Brown Vice-Chair FOR THE UNION Andrea Bowker Sack Goldblatt Mitchell Barnsters and SOlICItorS FOR THE EMPLOYER DavId Strang Counsel Management Board Secretanat HEARING September 11 2003 2 DECISION ThIS IS the thIrd In a senes of decIsIOns relatIng to dIsclosure The ImtIal dIsclosure order dated July 14 2003 states 1 The employer shall provIde to the assocIatIOn a lIst of the names of all people, save those expressly excluded by paragraph 5 below not formally desIgnated as employees, who are engaged for a penod of more than mnety days, whIch penod Includes a common baselIne date for all IndIVIduals, to perform work requmng regular attendance at one or more sItes controlled by the employer 2 The lIst shall be accompamed by InformatIOn about each IndIVIdual IncludIng the start and end dates of the engagement, the geographIc locatIOn, the type of work and the current desIgnatIOn of the IndIVIdual's relatIOnshIp wIth the employer The precIse scope of the InfOrmatIOn to be provIded may be determIned through agreement of the partIes or by thIS board on the applIcatIOn of eIther party 3 The lIst and accompanYIng InfOrmatIOn shall be provIded by September 4 2003 one week before the next heanng date, for one of the SIX mImstnes surveyed by the provIncIal audItor That mImstry shall be selected through agreement of the partIes or by thIS board on the applIcatIOn of eIther party 4 The baselIne date for dIsclosure under paragraph 3 above shall be the date of thIS order unless vaned through agreement of the partIes or by thIS board on the applIcatIOn of eIther party 5 The lIst described In paragraph 1 above shall not Include people In any category not arguably InvolvIng work of the bargaInIng umt, such categones to be determIned through agreement of the partIes or by thIS board on the applIcatIOn of eIther party 6 The date of September 4 2003 In paragraph 3 above may be vaned through agreement of the partIes or by thIS board on the applIcatIOn of eIther party 7 The penod of mnety days and the reqUIrement for regular attendance In paragraph 1 above may be vaned through agreement of the partIes or by thIS board on the applIcatIOn of eIther party The second decIsIOn, dated August 7 2003 set out the folloWIng clanficatIOns and modIficatIOns to the ongInal order a) The mImstry for whIch InfOrmatIOn IS to be provIded shall be Management Board Secretanat. b) The InfOrmatIOn to be dIsclosed IS lIsted In AppendIx A. c) ThIS InformatIOn shall be provIded by October 3 2003 d) The baselIne date shall be the date of thIS order 3 e) Before excludIng anyone on the ground he or she does not "perform work requmng regular attendance at one or more sItes controlled by the employer" the employer shall notIfy AMAPCEO of the proposed exclusIOn. EIther party may refer any dIspute about such an exclusIOn to thIS board for resolutIOn. f) The employer shall make best efforts to provIde by September 5 2003 notIce of any exclusIOns proposed under eIther paragraph e) above or paragraph 5 of the order dated July 14 In any event, notIce of all proposed exclusIOns shall be provIded no later than September 19 NotIce under thIS paragraph shall be accompamed by bnef reasons for each proposed exclusIOn. F or ease of reference AppendIx" A" to the August 7 decI sIOn 1 s attached hereto At the heanng on September 11 2003 the partIes agreed to the Issuance of a consent order wIth the terms set out below' a) There wIll be no dIsclosure of InformatIOn about persons engaged under Ontano Works or persons workIng In a mImster's office In a posItIOn confidentIal to a mImster of the crown. b) For persons engaged to collect, advIse InVestIgate or use InfOrmatIOn that IS confidentIal to labour relatIOns, persons engaged to provIde labour relatIOns or employee relatIOns advIce and persons workIng In support of eIther of the foregoIng, the employer shall dIsclose by October 3 . name of the IndIVIdual . whether he of she IS an Independent contractor and, If not, the name of the party alleged to be the true employer . the work umt to whIch the IndIVIdual IS attached . a bnef descnptIOn of what the IndIVIdual does . a bnef ratIOnale for the proposed exclusIOn from dIsclosure under AppendIx "A" of the decIsIOn dated August 7 c) For the persons lIsted In paragraph b above, the umon shall IndIcate by October 6 whether It reqUIres the InformatIOn lIsted In AppendIx "A" Any such InfOrmatIOn reqUIred by the umon shall be dIsclosed by October 10 d) The employer shall dIsclose to the umon by September 15 the EDS contract In the form provIde to IBM pursuant to an order of the InformatIOn and Pnvacy CommI SSI oner e) For any proposed exclusIOns, other than those mentIOned In paragraphs a and b above, the employer shall provIde partIculars and a bnef ratIOnale by September 19 4 f) For persons not affected by an exclusIOn, the employer shall make best efforts to dIsclose the InfOrmatIOn specIfied In AppendIx "A" by October 3 and, In any event, shall dIsclose such InformatIOn no later than October 10 Dated at Toronto thIS 23rd day of September 2003 ~~ tchard Brown Vice-Chair 5 APPENDIX' A' 1 Name of mdlvldual and theIr contact mformatIOn, 2 Name of current posItIOn, or If there IS no specIfied posItIOn name, mformatIOn as to the nature of the work performed (for example, a Job descnptIOn, or a task descnptIOn or hst) and the name of the project (If apphcable), 3 The first date on whIch thIS mdlvldual was employed m respect of or worked on the task or tasks m questIOn, and the length or expected length of the engagement, 4 If the task or tasks have been performed by more than one mdlvldual m succeSSIOn, the first date on whIch the task or tasks were performed, and the name of the mdlvldual or mdlvlduals who performed the work, and the dates on whIch he or she commenced perfonnance of the work m questIOn, 5 Method of payment - hourly, daily, weekly, on a project basIs, or any other compensatIOn arrangement, 6 The number of hours bIlled to the Crown by or m relatIOn to the mdlvldual m questIOn, where apphcable, 7 Work locatIOn Unless the employer specIfies, It IS assumed that the mdlvldual works on the employer's premIses, 8 Name of mmlstry "contact" person and/or supervIsor, where apphcable, 9 EqUIpment and tools used and whether these are supphed by the employer; and 10 The name of the agency, transfer payment agency, or finn through whIch the mdlvldual or the work IS supphed, where apphcable