HomeMy WebLinkAboutUnion 08-04-01
..
IN THE MATER OF AN ARBITRATION
'~.<=:1.o;,""-",~"",;o."'''-.~:'''''-''-'-.~::'."-,';'-U....z..=_'.'N,,:,'_~:'''-'.:'~~_~i__
j ~1 r.}:: ~~~ ~~: ~ \% i? h.~:: ~r~. ~ ~
I ' " ."'- "'_.f! V," ., ''''''.?' ~
~
j APf~ 1 6 ;:Olm., . ;
I GRiEVf\i~Ci: Utl'ft\KT!'JiffH t
~''''''''IR.~...-..=~"",,~~-~==P';lJT;Z__~=:'~.ti
BETWEEN:
THE LONDON HEALTH SCIENCES CENTRE
("the Employer")
AND:
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION. LOCAL
106 (PART-TIME LABORATORY EMPLOYEES)
("the Union")
IN THE MATTER OF:
GRIEVANCE CONCERNING LAB ORATOR ASSIST ANT WAGE
RATE DATED JUNE 25,2007
BOARD OF ARBITRATION:
Kevin M. Burkett
Robert Budd
Larry Robbins
- Chair
- Employer Nominee
- Union Nominee
FOR THE EMPLOYER:
Brian O'Byrne
- Counsel
FOR THE UNION:
Richard Blair
- Counsel
Hearing in this matter was held on March 25, 2008 in Toronto, Ontario
.
1
AWARD
This grievance (group grievance dated June 25, 2007) concerns the Laboratory
Assistant II and Laboratory Assistant III classifications. More specifically, this grievance
concerns the level of threshold qualification required for the Laboratory Assistant III
classification and the identification of those who qualify for the Laboratory Assistant III
position. There is no dispute with respect for our authority to hear and determine this
matter.
This Board was made aware of the factual context and of the positions advanced
by the respective parties at the hearing on March 25, 2008. Our award in this matter
follows:
1. Effective April 1, 2008 all full time employees currently classified as Laboratory
Assistant II who are qualified (in that they are either CSMLS certified, OSMT
certified or are certified by another agency recognized by the Laboratory
Licensing Branch of the Ministry of Health of the Province of Ontario and have
provided a copy of such certification to the Hospital or will, in the case of Eric
Pridgar, provide it by April 25, 2008) will be reclassified as Laboratory Assistant
Ills under the Technician III category and will be paid the Technician III rate of
pay effective April 1 , 2008.
A list of such employees is attached as Schedule 1.
2
2. All full-time employees currently classified as Laboratory Assistant II but who
are not qualified (in that they do not have certification from CSMLS, OSMT or
another agency recognized by the Laboratory Licensing Branch of the Ministry of
Health of the Province of Ontario) will continue to be classified as Laboratory
Assistant lIs under the Technician II category and will continue to be paid the
Technician II rate of pay. A list of such employees is attached as Schedule 2.
In the event a full time employee currently classified as a Laboratory Assistant II
obtains her or his CSMLS or OSMT certification or certification from another
agency recognized by the Laboratory Licensing Branch of the Ministry of Health
of the Province of Ontario on or before April 30, 2010 that employee will then be
reclassified as a Laboratory Assistant III under the Technician III category and
will be paid the Technician III rate of pay effective the date shelhe obtains herlhis
CSMLS or OSMT certification or certification from another agency recognized
by the Laboratory Licensing Branch of the Ministry of Health of the Province of
Ontario provided this occurs on or before April 30, 2010.
3. The parties agree that there is insufficient information available at this time in
order to determine whether Glenna Ferguson and Hiba Arabi should be on
Schedule 1 or Schedule 2. Both of these employees will have until April 25, 2008
to produce proof to the Hospital that they have CSMLS or OSMT certification or
certification from another agency recognized by the Laboratory Licensing Branch
of the Ministry of Health for the Province of Ontario. If such timely proof is
produced the employee concerned will be added to Schedule 1 and paragraph 1
above will apply to her. If such proof is not produced by April 25, 2008 the
employee concerned will be added to Schedule 2 and paragraph 2 above will
apply to her.
4. Any full time employee who claims that she or he has been incorrectly placed on
Schedule 2 because she or he does in fact have CSMLS or OSMT certification or
certification from another agency recognized by the Laboratory Licensing Branch
of the Ministry of Health of the Province of Ontario shall have until April 25,
3
2008 to provide proof of such certification to the Hospital. If satisfactory proof is
produced by April 25, 2008 the employee concerned will be added to Schedule 1
and paragraph 1 above will apply to her or him. If satisfactory proof is not
produced by April 25, 2008 the employee concerned will remain on Schedule 2
and paragraph 2 above will continue to apply to her or him.
5. Effective on and after April 1, 2008 any Laboratory Assistant II position that
becomes vacant through attrition will be eliminated.
6. Effective on and after April 1, 2008, all vacant as well as any newly created
Laboratory Assistant positions will be classified as Laboratory Assistant III
positions under the category Technician III. Employees bidding on such positions
must have the necessary Laboratory Assistant III qualifications including CSMLS
or OSMT certification or certification from another agency recognized by the
Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario
in order to be eligible for these positions.
7. An employee currently classified as a Laboratory Assistant II who does not obtain
herlhis CSMLS or OSMT certification or certification from another agency
recognized by the Laboratory Licensing Branch of the Ministry of Health of the
Province of Ontario on or before April 30, 2010 will only be able to become
classified as a Laboratory Assistant III under the Technician III category if shelhe
is successful in bidding for a newly created or vacant Laboratory Assistant
position on or after April 30, 2010.
8. Arbitrator Kevin Burkett shall remain seized in the event there is any dispute or
difference between the parties regarding the interpretation, implementation or
alleged violation of any of the terms of this Memorandum of Agreement.
9. Employees who are being reclassified from Laboratory Assistant II to Laboratory
Assistant III will move "step to step" i.e. year 4 on Technician II to year 4 on
Technician III.
4
Schedule 1 - Full Time
Certified Laboratory Assistant In
Suzanne Hassall
Tammy Hooper
David Bellyou-Camilleri
Zorica Berger
Sandra Brooks
Jinghong Cui
Renee Dickey
Meaghan Leigh
Catherine Mamoch
Amitha Mattu
Tricia Mudford
Tianna Plester
Catherine Robles
Carla Ryan
Patricia Waitschies
Fariba Y ousefi
Tekeena Wiebe
Sandy Vandenbrink
Amy Collins
Rhonda Brown
Eric Pridgar
5
Schedule 2 - Full Time
Not Certified - Laboratory Assistant II
Maureen Haynes
Jennifer Larue
Margaret Dankiewicz
Karis DeActis
Teresa Jonca
Mario Medeiros
Herminia Sunio
Lea Ward
Catherine Zeleznik
Jennifer Hall Grass
Christine Ramsay
Sandra Mills
DATED in Toronto, Ontario on this 1st day of April, 2
Kevin M. Burkett - Chair
I Concur
0/
"Robert Budd"
Robert Budd - Employer Nominee
I Concur
"Larry Robbins"
Larry Robbins - Union Nominee
6