HomeMy WebLinkAboutBond 04-05-01
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IN THE MA'M'BR OF AN AB/sITRATION
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Municipal Property Assessm,t Corporation
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OPSEU
(Implementation Iss~es)
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Before: William Kaplan ;
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Sole Arbitrator !
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Appearances l
For the Employer: Doug Gray !
Hicks Morley ~ton Stewart Storie LLP
Barristers &: Solicit IS
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Daniel Fogel I
Hicks Morley Hamilton Stewart Storie UP
Barristers &: Solicitfrs
For the Union: Peggy Smith
Eliot Smith j
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Barristers &: SolicitOrs
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Anne Lee I
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Grievance Officer, pPSEU
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This matter proceeded to a hearing in Toronto on April 27, 2004.
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Introduction
In May 2001, MPAC announced a major reorganization. As part of this reCDrganizanon, a
number of new bargaining unit positions were filled through a competitive process. In
the aftermath of that process, a large number of grievances were subsequently filed.
Given the volume of grievances in this job competition and in severo others occurring
at the same time, the parties negotiated a protocol for their expeditious and fair
resolution in a process of mediation/arbItration under the LAbour Relations Act. To date,
a large number of grievances have proceeded to a hearing and a number of awards
issued. Given the volume of cases in dispute, and the speofic protocol negotiated by the i
parties for the just and expeditious resolution of those cases, detailed reasons for
decision in the various grievances have not been given. However, in each case, the j
parties have presented detailed documentary evidence which has been supplemented
by representations made at the hearing. Every grievor has been afforded the
opportunity to make submissioN. All of the materials, submissions and legal
authorities have been carefully considered in deteImining the individual grievances (as
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set out in separate awards).
Two specific implementation issues have arisen, and those issues proceeded to a
hearing on April 27, 2004-
Wages
It is my expectation, given the remedial nature of the various decisions awarding
grievors' jobs, that these awards will be put into effect as soon as possible, meaning
within a reasonable period of time depending on local conditions. Any diSpute about
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this may be brought back before me in an expedited process. Once a job has been
obtained pursuant to my decision, the grievor will be placed on the grid as if he or she
had obtained the job as of the date of my award. Moreover, the anniversary date of the
individual will not change as a result of obtaining the job.
Patrick Bond
Mr Bond was awarded a PAS position in an earlier award. Subsequent to that-awar~
Mr Bond offered two commercial vacancies in Toronto. Mr Bond has five days from
the date of this award to either accept or decline these job offers. In the event he
accepts, any issue of work assignment to be addressed to his manager In the event, he I
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declines, the employer will have complied with my earlier direction and no further PAS ,
positions need be offered to Mr. Bond. i
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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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