HomeMy WebLinkAboutUnion 04-05-01 (2)
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IN THE MA'ITER OF AN ARBITRATION
BETWEEN:
Municipal Property Assessment Corporation
- and.
OPSBU
<Multiple Grievances CSR Job Competitions
Area 2 - Office 15 - Mississauga)
Before: William Kaplan I
Sole Arbitrator
Appearances 1
For the Employer. Doug Gray
Hicks Morley Hamilton Stewart Storie LLP
Barristers Be Solicitors
Daniel Fogel
Hicks Morley Hamilton Stewart Storie J:..LP
Barristers &t Solicitors
For the Union: Peggy Smith
Eliot Smith
Barristers &: Solicitors
Anne Lee
Grievance Officer, OPSJ3U
This matter proceeded to a hearing in Toronto on April 2'1,2004.
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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 applitations
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
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of job competitions took place more or less simultaneously In the result, some CSR
applicants obtained other positiollS. 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 volum~ 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.
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Some of the CSR job competition grievances relating to Area 2 - Office 15 - Mississauga,
proceeded to a hearing held in Toronto in March, 2004, and continued on April 27, 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 It was also my view that absent exceptional circumstances,
the assessment would be based on intelV1ew scores. Finally, it was indicated to the
parties that remedy would be tailored as appropriate. i
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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 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 grievances were
resolved, obviating any need for a hearing.
Award \
1. Derek D'Souza to be offered the next scheduled day of training for job interviewing
at the employer's expense and with no loss of salary Moreover, Mr. D'SOuza to be
interviewed for the next CSR job competition if he applies.
2. All of the other CSR grievances in the Mississauga office, including the grievance John
Cole which was heard on March 10, 2004 and the grievance of Kathy Cole which
preceded to a hearing on Aprll27, 2004, are dismissed.
Conclusion
I remain seized with respect to the implementation of this award.
DATED at Toronto this 1st day of May 2004.
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William Kaplan, Sole Arbitrator
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