HomeMy WebLinkAboutUnion 05-04-08
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IN THE MATTER OF AN ARBITRATION
BETWEEN ·
Municipal Property Assessment Corporation
And
OPSEU
(Multjple Grievances regarding job competitions and various
implementation matters)
Before. William Kaplan
Sole Arbltrator
Appearance.s
For the Employer- Daniel Fogel
Hicks Morley Hamilton Stewart Storie
Barristers & Solicitors
For the UniQD Kristin Eliot
Eliot~ Smith
Barristers & Solicitors
These gnevances proceeded to a heanng in Toronto on AprilS & 6, 2005
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Introduction
In May 2001, MPAC announced a major reorgamzatiOn. As part of thIS
reorgamzatlOu, a number of new bargaming umt positions were filled
through various competItlve processes. In the aftermath of that
reorganization a large number of grievances were filed. By the declsion of
the partIes, an expedited mediation-arbitration system was put into place to
fairly and qUlckly resolve the nwnerous outstandmg grievances in dispute In
the decislOn dated May 1, 2004, the general approach to resolvmg the
outstanding issues was set out. While a large number of these Job
competItion grIevances have already been resolved, a number of job
competition grievances remained outstanding and proceeded to medlation-
arbltratIOn In! early April 2005
It should be noted that many of the grievors in tins round either retired or
apphed for and accepted a voluntary exit opportunity As in the past,
affected mcumbents were notified of their right to attend and partIcipate and
many of them dId so In additIon to resolving the outstandmg job
competItion gnevances, a number of implementation Issues ansmg from the
first set of heanngs last year also proceeded to heanng and are fmally
detennmed by thIS decislOn. Also determined is one junsdIctional matter
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--.-.- Decision re outstanding Job Competition Grievances
Customer Service Clerk
1. Giselle Campeau to be awarded $3000 less deductiOns required by
law
2. Gnevance of Carol Frost dismissed.
3 Gnevance of Maureen Hacking dismissed.
4. Grievance of Mary Ingham dismissed.
5. Grievance of Carol Kelly dismissed.
6. Debb1 Wilson to be reimbursed $1000 for mileage expenses
Data Collection Analyst/Property Inspection Analyst
1. Peter FanellI to be offered either $2500 less deductions requrred by
law or a three-month developmental opportunity in property
mspection analysis, timmg of which to be mutually agreed.
2. As no Violation was established with respect to his grievances) and as
Mr Joseph Fantettl did not appear at the proceedmgs, his grievance 18
dismissed.
3. Grievance of Jeff Thompson dismissed.
4 Gl'1evance of Patricia Thompson dismissed.
5. Grievance of Everett Kelly dismissed.
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6. Grievance of Keith Meadows dismissed.
7. Stephen Lazette awarded $5000 less deductIons requlred by law
8. Gnevance of Rob Stuenn dismissed.
9. Gnevance ofLoUlse 81. Jean withdrawn.
Administrative Clerk - Property Values
1. Gnevance of Mary Ingham dismissed.
2. Gnevance of Tern Kitchmg withdrawn.
Customer Contact Specialist
1. Gnevance of Mary Ingham dlsffilssed.
Data Vermcation Clerk
1. Grievance of Mary Ingham dIsmIssed.
Municipal Relations ,Assistant
1. Grievance of DIane Blackborow dismissed.
2. Grievance of Maureen Hackmg disffilssed.
3. Lorelle Rempel to be awarded the first Mwucipal RelatlOns ASSslstant
or the first Admimstrative Clerk - Property Values positIOn to become
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vacant in St. Cathannes. Also to be awarded $5000 less deductions
reqUIred by law
Office Administrator
1. Grievances of Kathleen MacLean withdrawn.
Decision re Implementation and Jurisdiction Issues
1. Effective date of award, hourly rate ofM. Lacelle increased to $30 94
per hour Anmversary date to remam Aprill st No retroactivIty
2. No breach of the earlier award dated May 1, 2004 having been
established, Ron Donnelly to be awarded next available CSR positIOn
In Peterborough as provIded ill the earher award.
3 No breach of the April 27, 2004 Minutes of Settlement relating to
Thomas Chisolm estabhshed.
4. There IS no Jurisdiction for me to consIder and deCIde the grievance of
Mr George Matthew dated February 22, 2005 in which Mr Matthew
grieves the employer's decision to deny hun a supervisor's pOSItIon.
Moreover, while Mr Matthew was notIfied of the proceedings, he dId
not attend. Accordingly, bis grievance IS dIsmIssed.
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Conclusion
I remam seized with respect to the unplementation of my award.
DATED at Toronto thls 8th day of April 2005
11,/~
Wilham Kaplan, Sole Arbitrator
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