HomeMy WebLinkAboutUnion 19-04-17
IN THE MATTER OF AN ARBITRATION
BETWEEN:
PEEL DISTRICT SCHOOL BOARD
and
OPSEU
BEFORE: SUSAN L. STEWART – ARBITRATOR
POLICY AND GROUP GRIEVANCES
APPEARANCES
FOR THE UNION: T. HANNIGAN, COUNSEL
FOR THE EMPLOYER: P. GANNON, COUNSEL
THE HEARING IN THIS MATTER WAS HELD IN TORONTO, ONTARIO
2
AWARD
In accordance with the terms of a Memorandum of Settlement dated
April 8, 2019, I hereby order as follows:
WHEREAS the Union filed the following grievances: 2015-0292-0013,
2015-0292-0014, 2015-0292-0015, 2015-0292-0017, 2015-0292-0019,
2016-0292-0001, 2016-0292-0002, 2016-0292-0003, and other
unnumbered individual, policy and group grievances (here attached)
alleging that the Employer had violated Articles 3, (then) 7 and 15 of the
collective agreement regarding job posting (the "Grievances");
AND WHEREAS the Parties wish to resolve the aforementioned matter
and Grievances related to the job posting and assignments of Technical
Support Specialists / Computer Network Support Specialists assigned
within Learning Technology Support Services (-LTSS"), by the Employer
on a without prejudice and precedent basis and without any admission
of liability or wrongdoing on either Party's part;
NOW THEREFORE the parties agree to the following terms and
conditions as full and final resolution of the above-noted Grievances:
1. The procedure set out below will replace the current "dispatch model"
involving the assignment of Technical Support Specialists / Computer
Network Support Specialists, which has been in place since January 8,
2018, and supersedes all other agreements, settlements and Memoranda
of Understanding between the parties relating to the assignment of
Technical Support Specialists / Computer Network Support Specialists
by the Employer. This procedure will take effect on April 23, 2019.
2. The Parties will establish a joint implementation committee consisting
of as maximum of three (3) members from the Employer and three (3)
members from the Union to discuss issues arising from the
implementation of this procedure. The meetings of the committee will
commence upon the signing of this Memorandum of Settlement and
continue for a period of no less than one (1) year.
3. The Peel District School Board will be divided into four Quadrants (e.g.
"E"), and each Quadrant will consist of approximately an equal number
of locations (defined as including, but not limited to, schools, field offices,
field centres, education centres, adult education centres, maintenance
shops) but the number of locations in each Quadrant may vary.
3
4. Each Quadrant will be subdivided into three Sub-areas (e.g. "El").
5. Each Sub-area will consist of approximately an equal number of
locations, but the number of locations in each Sub-area may vary based
on workload.
6. A Local Area (e.g. "ElA") will consist of a grouping of locations within a
Sub-area to which a Technical Support Specialist / Computer Network
Support Specialist will be assigned. One (1) location will be in one (1)
Local Area at any time with the exception of the HJA Brown Education
Centre (CBO). A maximum number of locations in any Local Area will be
ten (10). The Parties will meet to discuss changes when required due to
Ministry changes, demographic changes or technological changes.
7. All Technical Support Specialists /Computer Network Support
Specialists will be assigned to a Quadrant, a Sub-area and a Local Area
in consultation with the Union, as set out in Schedule "A".
8. Once a Technical Support Specialist / Computer Network Support
Specialist is placed in a Local Area, the Employer agrees that it will not
transfer the Technical Support Specialist / Computer Network Support
Specialist to another Local Area without first consulting with the Union
and the affected Technical Support Specialist / Computer Network
Support Specialist . It is agreed, however, that the ultimate decision to
transfer rests with the Employer, and the Employer does not require the
agreement of either the Union or the affected Technical Support
Specialist / Computer Network Support Specialist in order to transfer the
Technical Support Specialist / Computer Network Support Specialist to
another Local Area. In the event such a transfer is required, the
Employer will discuss these changes with the Union and explain the
rationale for the changes.
9. The Parties agree that, due to operational requirements, the Employer
may need to change the locations included in any Quadrant, Sub-area,
or Local Area, including the number of locations contained within each.
However, if the Employer is required to change the locations included in
any Quadrant, Sub-area, or Local Area, the Employer will discuss these
changes with the Union and explain the rationale for the changes.
4
10. The Parties agree that it is in the best interests of the Parties and all
Technical Support Specialists / Computer Network Support Specialists
that there be an equitable distribution of work among all Technical
Support Specialists / Computer Network Support Specialists. As such,
the Parties agree that they will meet, on an annual basis in or around
June, to review the workload-related data of the Employer. Further, if,
during the year, the Employer identifies that a need has arisen that
requires either a change to (a) the schools within any Quadrant, Sub- 2
area, or Local Area, or (b) the assignment of Technical Support
Specialists / Computer Network Support Specialists within any
Quadrant, Sub-area, or Local Area, the Employer will notify the Union
and the Parties will meet to review the workload-related data at that
time.
11. For any new vacancies that arise after April 23, 2019 within a Local
Area, the Parties agree that the following procedure will apply:
a. The Employer will post a notice of vacancy to the permanent Technical
Support Specialists / Computer Network Support Specialists on Apply to
Education. The Technical Support Specialists / Computer Network
Support Specialists will have three (3) business days to indicate their
interest for the vacancy;
b. The successful applicant shall be decided based upon seniority and
will be confirmed by Human Resources;
c. Concurrently with the process in (a) and (b) above, the Employer will
post a vacancy for the role to existing contract staff in accordance with
the Job Posting article (currently Article 15) of the collective agreement. If
there is a suitable candidate, he or she will be assigned to whatever
vacancy remains once the process of transfers set out in (a) and (b) above
is complete;
d. If there is no suitable candidate from existing contract staff, a job
posting will be placed inviting candidates from outside the Union to apply
for a the vacant position. The successful candidate will be placed in
whatever vacancy remains once the process set out in (a), (b) and (c)
above is complete.
e. Notwithstanding the above, the Union and the Employer may agree to
post internally and externally concurrently.
12. The Employer acknowledges that the Local Area assignment for the
Technical Support Specialist / Computer Network Support Specialist will
be his or her primary area of job responsibility. The Technical Support
Specialist / Computer Network Support Specialist will start and end his
5
or her workday at one of the schools within the Local Area. The majority
of the duties performed by a Technical Support Specialist / Computer
Network Support Specialist shall be within his or her Local Area. The
Technical Support Specialist / Computer Network Support Specialist
may, dependent on operational needs, be assigned to work outside his or
her Local Area or, if required, outside his or her Sub-area. This will only
occur during emergency and/or urgent circumstances.
Such assignments shall only be made where it is necessary to meet the
needs of the location. Such assignments are not to be used to eliminate
overtime opportunities that may be otherwise available. In accordance
with 15 below, the Employer will include data on such assignments for
review by the Parties.
13. The Technical Support Specialist / Computer Network Support
Specialist will be eligible for mileage for travel, in accordance with
Employer policy.
14. The Parties acknowledge and agree that the Employer retains the
right to assign Technical Support Specialists / Computer Network
Support Specialists anywhere within the Peel District School Board in
accordance with the provisions of this Memorandum of Settlement. Such
assignments shall only be made where it is necessary to meet operational
needs. This will only occur during emergency and/or urgent
circumstances. Data on such assignments will be included in accordance
with 15 below.
15. The Parties agree that, for a period of one year from the date of this
Agreement, the Employer will share with the Union every six months
general information regarding where Technical Support Specialists /
Computer Network Support Specialists have been assigned (-heat calls")
over the preceding six months. For every year thereafter, the Employer
will share with the Union general information regarding where Technical
Support Specialists / Computer Network Support Specialists have been
assigned (-heat calls") over the preceding 12 months.
16. The Parties agree that any concerns with regard to the above
procedure, or the effect of its implementation on a Technical Support
Specialist / Computer Network Support Specialist, will be brought to
labour management for further discussion. If a situation arises that
needs to be addressed before a labour-management meeting, the Union
can bring their concerns to the attention of LTSS management.
6
17. The Employer agrees that in exercising its discretion in regards to the
matters covered in this agreement such discretion shall not be exercised
in a manner that is punitive, arbitrary, discriminatory or in bad faith.
18. The Grievances are hereby settled, and the Union agrees that no
further grievances will be filed in connection with the subject matter of
this Memorandum of Settlement.
19. The Parties agree that this Memorandum of Settlement is without
prejudice and precedent to any other matter.
20. The Parties agree that Arbitrator Stewart shall be seized for the
purpose of overseeing the effective interpretation, application and
implementation of the terms and conditions of this Memorandum of
Settlement
Dated at Toronto, this 17th day of April, 2019
_____________________
S.L. Stewart - Arbitrator