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Home My WebLink About2005-1554.Brown et al.06-02-06 Decision Crown Employees Commission de Nj 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# 2005-1554 2005-1555 2005-1556 2005-1557 2005-1558,2005-1559 2005-1560 2005-1561 2005-1562,2005-1563 2005-1564 2005-1565 2005-1566 2005-1567 2005-1568,2005-1569 2005-1570 2005-1571 2005-1572,2005-1573 2005-1574 2005-1575 2005-1576,2005-1577 2005-1578,2005-1579 2005-1580 2005-1581 2005-1582,2005-1583 2005-2059 2005-2139 2005-2140 2005-2141 2005-2230 2005-2337 2005-2338,2005-2459 2005-2497 2005-2576,2005-2577 UNION# 2005-0234-0178,2005-0234-0179 2005-0234-0180 2005-0234-0181 2005-0234-0182,2005-0234-0183 2005-0234-0184 2005-0234-0185 2005-0234-0186 2005-0234-0187 2005-0234-0188, 2005-0234-0189 2005-0234-0190 2005-0234-0191 2005-0234-0192,2005-0234-0193 2005-0234-0194 2005-0234-0195 2005-0234-0196 2005-0234-0197 2005-0234-0198,2005-0234-0199 2005-0234-0200 2005-0234-0201 2005-0234-0202,2005-0234-0203 2005-0234-0204 2005-0234-0205 2005-0234-0206,2005-0234-0207 2005-0234-0230 2005-0234-0233 2005-0234-0234 2005-0234-0235 2005-0368-0097 2005-0234-0261 2005-0234-0262,2005-0467-0021 2005-0128-0074 2005-0234-0312,2005-0234-0313 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Brown et al ) Union - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Rena Khan Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING December 13 2005 2 DeCISIon The gnevances come from employees In dIfferent Job classIficatIOns who allege that the employer IS In vIOlatIOn of the collectIve agreement In that the vanous Job classIficatIOns In questIOn have not been Included In the group of classIficatIOns covered by the CorrectIOnal bargaInIng umt. The employees In questIOn are all OPSEU members who work In provIncIal correctIOnal facIlItIes but are not part of the CorrectIOns bargaInIng umt. The partIes proceeded by way of agreed statement of fact, and JOIntly submItted the folloWIng eVIdence The legal reqUIrement for bargaInIng umts In the OPS IS set out In s 23 of the Crown Employees Collective Bargaining Act (CECBA) There are SIX bargaInIng umts establIshed by order-In-councIl that are represented by OPSEU AdmInIstratIve, CorrectIOns, InstItutIOnal & Health Care, Office AdmInIstratIOn, OperatIOnal & MaIntenance, and Techmcal The posItIOns lIsted In each bargaInIng umt transcend specIfic work locatIOns and address only classIficatIOn tItles For the purposes of admInIstratIOn dunng bargaInIng, all but the CorrectIOns bargaInIng umt are consolIdated Into one category referred to as the "umfied" bargaInIng umt, whIle CorrectIOns IS a stand-alone umt. ThIS structure IS reflected In the structure of the collectIve agreement. The partIes may negotIate In each round of OPS bargaInIng wIth respect to the Job categones that form each of the SIX bargaInIng umts In general, however the structure and composItIOn of the bargaInIng umts has remaIned unchanged SInce 1994 The current collectIve agreement was ratIfied In June 2005 and contaInS the folloWIng provIsIOns relevant to the recogmtIOn of the bargaInIng umts 3 ARTICLE 1 - RECOGNITION 1 1 The Ontano PublIc ServIce Employees Umon (OPSEU) IS recogmzed as the exclusIve bargaInIng agent for a bargaInIng umt consIstIng of all employees employed In posItIOns contaIned wIthIn the SIX bargaInIng umts as descnbed by the LIeutenant Governor In CouncIl In OIC 243/94 dated February 3 1994 In the TnpartIte Agreement between the Crown, OPSEU and AMAPCEO dated Apnl 21 1995 plus those employees Included In the SIX bargaInIng umts by the agreement of the Crown and OPSEU from February 3 1994 to December 31 2004 For greater clanty thIS bargaInIng umt consIsts of all employees contaIned In the bargaInIng umts descnbed In OIC 243/94 attached hereto as AppendIx 2, and does not Include the seventh bargaInIng umt referred to In the said Order In CouncIl 1.2 For greater certaInty such employees Include classIfied, term classIfied, and unclassIfied employees, students, GO Temps and such other employees as may be mutually agreed. 1 3 For greater certaInty the Central CollectIve agreement shall apply to the employees employed In posItIOns In the bargaInIng umt descnbed In artIcle 1 1 and the bargaInIng umt shall be deemed to be amended In accordance wIth any agreement of the partIes to amend any of the bargaInIng umts lIsted thereIn. The recogmtIOn clauses for the two BargaInIng Umts are as follows ARTICLE UN 1 - RECOGNITION UN 11 The Ontano PublIc ServIce Employees Umon (OPSEU) for the purpose of thIS collectIve agreement IS recogmzed as the exclusIve bargaInIng agent for a bargaInIng umt consIstIng of all employees contaIned wIthIn the Umfied BargaInIng Umt. The Umfied BargaInIng Umt consIsts of all employees contaIned In the AdmInIstratIve BargaInIng Umt, the InstItutIOnal and Health Care BargaInIng Umt, the Office AdmInIstratIOn BargaInIng Umt, the OperatIOn and MaIntenance BargaInIng Umt, and the Techmcal BargaInIng Umt as descnbed In ArtIcle 1 1 of the Central CollectIve Agreement, and such descnptIOn IS deemed to be Incorporated In thIS collectIve agreement. UN 1.2 For greater certaInty such employees Include classIfied, term classIfied, unclassIfied employees, students, GO Temps, and such other employees as may be mutually agreed. UN 13 F or greater certaInty thIS Agreement shall apply to the employees In the Umfied BargaInIng Umt and the bargaInIng umt shall be deemed to be amended In accordance wIth any agreement of the partIes A lIst of classIficatIOns IS attached In the Salary Schedule 4 ARTICLE CORl - RECOGNITION CORll The Ontano PublIc ServIce Employees Umon (OPSEU) for the purpose of thIS collectIve agreement IS recogmzed as the exclusIve bargaInIng agent for a bargaInIng umt consIstIng of all employees contaIned wIthIn the CorrectIOnal BargaInIng Umt. The CorrectIOnal BargaInIng Umt consIsts of all employees contaIned In the CorrectIOnal BargaInIng Umt as descnbed In ArtIcle 1 1 of the Central CollectIve Agreement, and such descnptIOn IS deemed to be Incorporated In thIS collectIve agreement. COR 1 2 For greater certaInty such employees Include classIfied, term classIfied, unclassIfied employees, students, GO Temps, and such other employees as may be mutually agreed. COR13 F or greater certaInty thIS agreement shall apply to the employees In the CorrectIOnal BargaInIng Umt and the bargaInIng umt shall be deemed to be amended In accordance wIth any agreement of the partIes A lIst of classIficatIOns IS attached In the Salary Schedule FInally the partIes agreed that the specIfic Issue raised by the gnevance, I e the amendment of the classIficatIOns Included under the CorrectIOns bargaInIng umt, IS a matter that can only effected on consent of both partIes OPSEU specIfically concedes that there IS no dIspute wIth respect to the employer's admInIstratIOn and ImplementatIOn of the Job classIficatIOn In the Umfied or CorrectIOns bargaInIng umt In relatIOn to the specIfic Job classIficatIOns IdentIfied In the Instance gnevances After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn that there IS no eVIdence that the employer has breached the collectIve agreement or the relevant legIslatIOn In the manner In whIch It has admInIstered the Job classIficatIOns negotIated by the partIes Indeed, there IS no eVIdence of a dIspute between the partIes about the assIgnment of Job classIficatIOns As a result, the gnevances are dIsmIssed. 5 Dated at Toronto thIS 6th day of February 2006