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Home My WebLink About2002-1928.Policy Grievance.04-07-19 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# 2002-1928 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN 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 Michael Mitchell Sack Goldblatt Mitchell BarrIsters and SOlICItorS FOR THE EMPLOYER DavId Strang, ActIng AssocIate DIrector Mary-Pat Moore, Counsel, Management Board Secretanat HEARING July 14 2004 2 DeCISIon The folloWIng dIrectIOns apply to posItIOns at the Mimstry of Health 1 For the posItIOns lIsted In the letter attached to thIS decIsIOn as AppendIx "A" the employer shall forthwIth comply wIth the productIOn order Issued on March 29 2004 2 Where the employer contends a posItIOn Involves work of the type done by OPSEU members, thIS contentIOn shall not negate any of the employer's dIsclosure oblIgatIOns 3 Where the employer contends a posItIOn eXIstIng on the baselIne date ceased to eXIst before the date for dIsclosure, thIS contentIOn shall not negate any of the employer's dIsclosure oblIgatIOns 4 Where the assocIatIOn has claimed a posItIOn and the employer has dIsputed thIS claim, the employer shall by August 6 2004 state ItS posItIOn as to . whether the posItIOn Involves the type work done by AMAPCEO members, . whether the person holdIng the posItIOn IS an employee of the mImstry and . If said to be an employee, whether the person IS excluded from the bargaInIng umt. 5 The assocIatIOn shall endeavour to provIde ItS response to the employer's posItIOn by September 10 2004 Dated at Toronto thIS 19th day of July 2004 e j....~~ chard Brown Vice-Chair 3 AppendIx "A" Ministry of Health Mi""~.. d, I, S'n~ @ and Long-Term Care et des Soins de longue dure W Ontario Human Resources Branch Direction des ressources hmnallll's 2nd Floor, 'i 700 l: onge Street 2' etage, 'i700 me l: onge Toronto ON M2M 4KS Toronto ON M2M 4KS Telephone: (416) 326-5987 Telephone (416) 326-5987 Facsimile: (416) 327-4482 Telecopieuf" (416) 327-4482 BY E-MAIL WITHOUT PREJUDICE Juh 16 2004 Vice-Chair RIchard Brown Gnevance Settlement Board Smte 600 180 Dundas Street West Toronto Ontano M5G 128 and Mr Michael Mitchell Sack Goldblatt Mitchell Smte 1130 20 Dundas Street West POBox 180 Toronto Ontano M5G 2G8 Dear VIce-Chair Brown and Mr Mitchell RE AMAPCEO and the Crown III RIght of Ontano Gnevance Settlement Board File No. 1928/02 Ministry of Health and Long-Term Care Further to the agreement reached by the parties regarding disclosure from the Ministry of Health and Long-Term Care, please find below a list of the disclosed positions and correlating program areas within the Ministry of Health and Long-Term Care for which complete disclosure, in compliance with the Grievance Settlement Board order dated March 29,2004, has not been received as of July 15, 2004 Specifically, the March 29th order required the employer to produce to the association by April 26, 2004 . Any contract or secondment agreement for an individual and . If such a contract or agreement does not exist or does not describe the work performed by an indivudal a job specification or any other document containing a description of this work. 4 Such documents need not be provided for any individual whom the employer concedes should be treated as a member of the bargaining unit. Binder 1 Hospitals Branch A job description or source document containing same has not been received for' File no 2-31 (IBM Consultant) Long Term Care Facilities Branch A Job descnptIOn has not been receIved for File nos 2-53 (LegIslatIOn Consultant) 2-54 (Semor PolIc, Analvst) 2-55 (Records Manager 2-56 (Research Analvst) 2-57 (InformatIOn Officer and 2-58 (LIcensmg Clerk) Binder 2 - Provincial Psychiatric Hospitals Whitby Mental Health Centre A Job descnptIOn or source document contammg same has not been receIved for (posItIOns not assIgned file numbers) PhYSICIan Nurse PractItIOner Psvchmtnst Psvchmtnst -m -ChIef Staff PsvchIatnst PatIent Council FacIlItator PIamst SessIOnal Chaplam WorshIp Leader WMHC Secunt, ServIces Psychologist Due to the short tIme frame avaIlable to respond to the Board s request, should the Emplover find addItIOnal posItIOns for whIch dIsclosure complIant wIth prevIOus Board orders has not been receIved, I wIll notIf\ the Board and AMAPCEO Should AMAPCEO determme upon receIpt of thIS letter not to claim an, of the aforementIOned posItIOns, the Emplover kmdh requests the assocIatIOn to notIf, Man Pat Moore or AImee Ableman at theIr earlIest convemence Please advIse If you have questIOns regardmg thIS mformatIOn. Yours truh AImee Ableman Emplovee RelatIOns Consultant Mimstn of Health and Long-Term Care c Gary Gannage, President, AMAPCEO David Strang, Sel1Ior Counsel, Legal Services Branch, Management Board Secretanat Mary Pat Moore, Counsel, Legal Services Branch, Management Board Secretanat Stephen JarvIs, Manager Corporate RelatIOns, Mil11stry of Health and Long- Term Care Michele Migus, Corporate StatTRelatlOns OtIicer NegotiatIOns Secretanat, Management Board Secretanat