HomeMy WebLinkAboutUnion 04-05-17 (2)
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IN THE MATrER OF AN ARBITRATION
BETWEEN.
Municipal Property Assessment Corporation
- and -
OPSEU
(Multiple Grievances CSR Job CompetItions
Area 2 . Office 9 - Toronto)
Before: William Kaplan
Sole Arbitrator
Appearances
For the Employer- Doug Gray
Hicks Morley Hamilton Stewart Storie LLP
Banisters & Solicitors
Daniel Fogel
Hicks Morley Hamilton Stewart Storie LLP
Barristers & Sohcitors
Fot' the Union: Peggy Smith
Elliot Smith
Barristers & Solicitors
Anne Lee
Grievance Officer, OPSEU I
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This matter proceeded to a hearing m Toronto on March 9, 2004. i
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Introduction
In May 2001, WAC announced a major reorganization. As part of this reorganization, a
number of new bargaining 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 unihngual positions available and 57 applications
received for the 37 bilingual positions available Of the 707 apphcants 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 gIievances
were subsequently filed. Given the volume of grievances in thIS job competition and in
several others occurnng at the same hme, the parties negotiated a protocol for their
expeditious and farr resolution in a process of mediation/ arbitration.
The CSR Job competinon grievances relating to Area 2 - Office 9 - Toronto - proceeded
to a hearing held in Toronto on March 9,2004. The parties were advised, before the
first case was heard, that it was my view, having carefully considered the collective
agreement, the subnussions of the parties, and the governing authonbes, that the first
step in the process was for the candidates to establish relative equahty 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.
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All potentIally affected incumbents were notified of these proceedings and their right to
attend and participate. Appropriate arrangements for disclosure were made. A large
number of incumbents dId attend and made representations. These representahons,
together with the detailed written briefs of the parties and the submissions made by
union counsel, the grievors, and management counsel 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 hearing.
Award
Except as follows, all grievances are dlSmissed includmg, without limiting the generality
of the foregoing, grievances numbers 46 thru 64 on the union list because all available
posihons have been filled with gnevors with greater seniority
1. Rose Robinson awarded next available CSR position in Area 2 - Office 9 . Toronto.
2. Ester Hon awarded second next available CSR pOsition in Area 2 - Office 9 - Toronto.
Conclusion
I remain seized with respect to the implementation of this award.
DATED at Toronto this 15th day of March 2004.
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William Kaplan, Sole Arbitrator