HomeMy WebLinkAboutUnion 04-05-01
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IN THE MATTER OF AN ARBITRATION
BETWEEN:
Municipal Property Assessment Corporation
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OPSEU
(Multiple Grievances
CSll Job Competitions Aurora, Barrie, Brockville, Cornwall, Lindsay, Ottawa,
Pembroke, Peter borough, Trenton)
Before: William Kaplan
Sole Arbitrator
Appearances
For the Employer. Doug Gray
Hicks Morley Hamilton Stewart Storie LLP
Barristers &: Solicitors
Daniel Fogel
Hicks Morley Hamilton Stewart Storie LLP
Barristers &: Solicitors
For the Union: Peggy Smith
Eliot Smith
Barristers & Solicitors
Anne Lee
Grievance Officer, OPSBU
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This matter proceeded to a hearing in Toronto on April 27 & 28, 2004.
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Introduction
In May 2001, MPAC 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 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. :m the end, 674 CSR app.licants were interviewed. By
early ApIil, 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 fair resolution in a process of mediation/arbitration.
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 mst 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.
All potentially affected incumbents were notified of these proceedings and their right to
attend and participate. Appropriate arrangements for disclosure were made. A large
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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 cOWlse1, the grievors, and management counsel at the hearing, 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
1. Kevin McDougald to be compensated $2500 in lost wages, less deductions required
by law as Mr McDougald should have been awarded the Brockville CSR position in the
grieved competition. I
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2. Michelle Lacelle awarded Ottawa CSR position effective immediately together with
$SOOO in lost wages less deductions required by law !
3. Ron Donnelly awarded. the next available CSR position in Peterborough.
4. Frank Lutz awarded $1000 less deductions required by law and to be offered the next
scheduled day of training for job interviewing at the employer's expense and with no
loss of salary
S. Grievance of Latty Deschenes adjourned to a date to be agreed upon by the parties.
6. Grievance of Ivan Henington to be diverted to arbitration hearing before Kevin
Whitaker, and to be consolidated with all other Herrington grievances in one
proceeding before Arbitrator Whitaker.
7 Julian Pikulik to be offered the next scheduled day of training for job UitervieWing at
the employer's expense and with no loss of salary and to be given an interview for next
CSR position for which he applies.
9. All other Aurora, Barrie, Brockville, ComwaJ.4 Lindsay, Ottawa, Pembroke,
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Peterborough, Trenton CSR grievances, including the grievances that proceeded to a
hearing on April 27 and 28, 2004, dismissed.
Conclusion
I remain seized with respect to the implementation of this award.
DATED at Toronto this 1st day of May 2004. i
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William Kaplan, Sole Arbitrator
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