HomeMy WebLinkAboutUnion 04-03-15
NO LI lti P n
I'll a Y I 'j L U U 4 I U 4- .:l AM U~HAWA Kt~\UNAL Ur~lLt
IN THE MATTER OF AN ARBITRATION
BETWEEN-
Municipal Property Assessment Corporation
. and -
OPSEU
(Multiple Grievances CSR Job Competitions
Area 2. Office 13 - OshawalDurham)
Before- William Kaplan
Sole Arbitrator
Appearances
For the Employer- Doug Gray I
Hicks Morley Hamilton Stewart Storie LLP r
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Barristers & Soliotors I
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Daniel Fogel \
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Hicks Morley Hamilton Stewart Storie LLP I
Barristers & Solicito.rs r
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For the UnJ.On. Peggy Smith I
Elliot Smith i
Barristers & Solicitors
Anne Lee I
Grievance Officer, OPSEU I
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'!his .matter proceeded to a hearing U\ Toronto on March 10,2004. i
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-i' May 1 9 2004 10 43AM OSHAWA KcGIONAL OrrlLc
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Introduction
hl May 2001, MPAC announced a major reorgamzatIon. As part of this reorganization, a
number of new bargairung unit positions were filled through a competitive process,
including the position of Customer Service Representative (CSR) A total of 707
applications were received for the 225 unilingual positions available and 57 applications
received for the 37 bilingual positions available. Of the 707 applicants for the unilingual
position, only one applicant was screened out at the resume review stage, A more
intensive screening took place With respect to the french language positions. A number
of job competitions took place more or less simultaneously In the result, some CSR
applicants obtained other positions. In the end, 674 CSR applicants were interviewed. By
early April, 2002, 262 job offers were made and accepted. A large number of grievances
were subsequently filed Given the volume of grievances in this job competitIon and in
several others occurring at the same time, the parties negotiated a protocol for their
expeditious and fall resolution in a process of mediation/arbitration.
The CSR job competihon grievances relatmg to Area 2 - Office 13 - Oshawa /Durham,
proceeded to a hearing held in Toronto on March 10,2004. The parties were advised,
before the first case was heard, that it was my view, having carefully considered the
collective agreement, the submissions of the parties, and the governing authorities, that
the first step in the process was for the candIdates to establish relatIve equality Tt was
also my view that absent exceptIonal circumstances, the assessment would be based on
mterview scores. Finally, it was indicated to the parties that remedy would be tailored
as appropnate.
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-:. Ma y 19 2004 10 HAM OSHAWA ReGIONAL OrrlLe No L I I ~ ~ /
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All potentially affected incumbents were notified of these proceedings and their nght to
attend and participate Appropnate arrangements for disclosure were made. A large
number of incumbents did attend and made representations. These representations,
together with the detailed written briefs of the parties and the submissIOns made by
union counsel, the grievors, and management cOWlSel at the heanng, have all been
given careful consideration. It should be noted that a number of these grievances were
resolved, obviating any need for a hearmg.
Award
Except as follows, all grievances are dismissed including, without linuting the generality
of the foregoing, grievances numbers 10 thru 14 on the union list because all available
positions have been filled with grievors with greater seniority In that regard, it should
be noted that the grievance of Jean-Paul Maurice did proceed to hearing. The grievor
dld not establish relative equality and hIs seniority date IS only July 19,1996 His
allegations of discrimination are not germane and do not, in the circumstances,
constitute an exceptional circumstance to be properly considered in this matter.
1. Carl Goodrich to be awarded next available CSR position in Area 2 - Office 13 -
Oshawa/Durham after Marcel Moreau obtams the first available CSR posib.on.
.~ May 19 2004 10 44AM OSHAWA KcGIONAL OrrlCc No L I I ~ ~ ~
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Conclusion
I remain seIzed with respect to the unplementahon of this award.
DATED at Toronto this 15th day of March 2004.
/tV/~
William Kaplan, Sole Arbitrator
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