HomeMy WebLinkAbout2003-1822.Cobb et al.05-01-10 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# 2003-1822,2003-3112,2003-3113 2003-3114 2003-3115
2003-3116 2003-3117 2003-3118 2003-3119 2003-3120 2003-3121
UNION# 2003-0447-0013 2003-0447-0016 2003-0447-0017 2003-0447-0018 2003-0306-0001
2003-0306-0002,2003-0306-0003 2003-0306-0004 2003-0306-0005 2003-0306-0006
2003-0306-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Cobb et al) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Natural Resources) Employer
BEFORE Manlyn Nairn Vice-Chair
FOR THE UNION Mark Barclay
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Rhonda SmIth
Staff RelatIOns Officer
Mimstry of Natural Resources
CONFERENCE CALL January 5 2005
2
Intenm Order
A number of gnevances have been referred to arbItratIOn (FIle nos 2003-1822 and 2003-
3112 to 2003-3121 InclUSIve) They all Involve an InterpretatIOn of ArtIcle 32 5 of the collectIve
agreement as It relates to the offenng of employment contracts In AlgonquIn Park for summer
seasonal work for 2003 The partIes attempted to medIate a settlement of the matters but so far
have been unsuccessful Those gnevances are before me There may also be addItIOnal files from
2003 whIch the partIes may need to IdentIfy to the Board as raiSIng the same Issue I have been
advIsed by the partIes that gnevances have also been filed wIth respect to the same Issue for the
2004 season. Those gnevances are to be advanced to arbItratIOn and the partIes wIll lIkely seek
to consolIdate the heanng of all the files
The employer seeks partIculars of the 2003 gnevances Dunng a conference call dunng
whIch I heard the representatIOns of the partIes, I dIrected the umon to provIde full partIculars of
those gnevances I hereby confirm that order The umon IS to provIde full partIculars of the 2003
gnevances, and wIthout lImItIng the generalIty of the foregoIng, those partIculars shall address
the folloWIng
1 The provIsIOn(s) of the collectIve agreement alleged to have been vIOlated,
2 The specIfic remedy(ies) beIng sought by the umon. ThIS shall Include partIculars as
to how the umon alleges the vanous contracts should properly be offered wIthIn the
terms of the collectIve agreement;
3 The umon has alleged that "( e )ven after the filIng of these gnevances management
has offered temporary assIgnments and contract extensIOns based on semonty across
the Park" The umon IS to provIde partIculars as to the posItIOn(s) and person(s)
Involved and partIculars as to when these assIgnments or extensIOns occurred.
4 Any and all partIculars regardIng past practIce upon whIch the umon Intends to rely
5 Whether the umon IS assertIng that any and all RT2 posItIOns WIthIn AlgonquIn Park
are the "same posItIOn" under ArtIcle 32 5 of the collectIve agreement. For example,
IS a Jumor Ranger Sub-supervIsor the "same posItIOn" as an Intenor Park
3
Warden? ThIS InformatIOn wIll also assIst the partIes In determInIng any appropnate
thIrd party notIces that need to be sent In advance of arbItratIOn.
6 Whether the umon IS assertIng that AlgonquIn Park IS one work locatIOn, or whether
It IS assertIng that there IS more than one work locatIOn wIthIn the park boundanes If
the latter those work locatIOns are to be IdentIfied.
7 Whether the umon IS assertIng, and If so full partIculars of the nature and basIs of
nghts and entItlements of seasonal employees to temporary assIgnment based on
sem on ty
These partIculars are to be forwarded by the umon to the employer's representatIve by no
later than Friday, January 21, 2005
The employer also made a request for partIculars In respect of the 2004 gnevances That
request may need to be addressed If the partIculars for the 2003 gnevances do not IdentIfy all of
the Issues anSIng In the 2004 gnevances and once those gnevances have been consolIdated for
heanng.
Dated at Toronto Ontano thIS 10th day of January 2005