HomeMy WebLinkAboutUnion 04-03-15 (2)
.. _ IVI a Y I~ LUUlJ- I U lJ-lJ-MIVI u~nMnM nt~IU~ML urrl~t I~ U L I I 0 I"' J
..
IN THE MAUER OF AN ARBITRATION
BETWEEN
Municipal Property Assessment Corporation
- and -
OPSBU
(Multiple Grievances CSR Job Competitions
Area 2 - Office 15 - Mississaugal
Before: William Kaplan
Sole Arbitrator
Appearances
For the Employer: Doug Gra.y
Hicks Morley Hamilton Stewart Storie LLP
Barristers & Solicitors
Daniel Fogel
Hicks Morley Hanulton Stewart Stone LLP
Barristers & Solicitors
For the Union. Peggy Smith
Elliot Smith
Barristers &: Solicitors
Anne Lee
Gnevance Officer, OPSEU
This matter proceeded to a hearing in Toronto on March 10,2004.
',MaY I ~ LUU4 I U 44 A I'll U~HAWA Kt~IUNAL urrl~t I~ 0 L I I 0 t" IV
.. "'-
2
Introduction
In May 2001, MPAC announced a major reorgarnzation. As part of this reorganizatIon, a
number of new bargaining unit positions were filled through a competitive process,
mcludmg 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
posibon, only one applicant was screened out at the resume review stage. A more
mtensive 5creenlllg 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 Wel."e mterviewed. 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 trme, the parties negotiated a protocol for their
expedItious and fair resolution in a process of mediation/ arbitration.
Some of the CSR job compebtion grievances relating to Area 2 - Office 15 - Mississauga,
proceeded to a hearing held in Toronto on March 10,2004 (the remainder will be
scheduled on a future date) 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 It was also my view that
absent exceptional circumstances, the assessment would be based on interview scores.
Finally, it was indicated to the parties that remedy would be tailored as appropriate
I
I
-IVI a Y 1:1 L U Ulf I U lflf!-\IVI u~n!-\n!-\ ~CUIU~!-\L urrl~c I~ Ut..I I 0 r I I
-
3
All potentially affected incumbents were notified of these proceedings and their tight to
attend and participate Appropriate 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 counsel at the hearing, have all been
given careful consideration. It should be noted that a number of these gnevances were
resolved, obviating any need for a hearing.
Award
1. At Mifsud to be paid $2000 less deductions required by law Payment to be made
within thirty days of today's date
2. Jeff Lepp to be awarded the next available CSR position in Area 2 - Office 15 -
Mississauga.
3. Grievances of Moll Wadia and Barbara Shea are dJsrrUssed.
IVI a y 1::1 LUUq. I U q.~i'\IVI u~ni'\"i'\ "t~IUNi'\L urrl~t I~ U L I I 0 r IL
',-
,
4
Conclusion
I remam seized with respect to the implementation of this award.
DATED at Toronto this 15th day of March 2004.
LA/If ----
William Kaplan, Sole Arbitrator