HomeMy WebLinkAboutUnion 19-02-22IN THE MATTER OF AN ARBITRATION
. BETWEEN:
ORNGE
("Employer")
and
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 505
("Union")
AND IN THE MA I lER OF GRIEVANCES IN RESPECT TO PERFORMANCE OF
BARGAINING UNIT WORK
Stephen Raymond Arbitrator
Appearances for the Employer
Craig Rix
Foster Brown
Daryl Ewan
Andre Fauteux
Fabian Medugno
Sian Blair •
Counsel
Chief Human Resources and Labour Relations
Officer
Director, Operations Control Centre
Director, Workforce Planning & Scheduling
Operations Control Manager
Human Resources Business Partner
Appearances for the Union:
Hilary took Counsel
Andrew McIlroy President
Mark Barrett Vice-President
AWARD
This is an arbitration of grievances in respect of management performing bargaining unit
work. The parties have helpfully consolidated grievances numbered 2018-0505-0002,
2018-0505-0004, 2018-0505-0015, 2018-0505-0016, 2018-0505-0017, 2018-0505-0020,
2018-0505-0022 and 2018-0505-0024 before me. All of the grievances raise a similar
issue. The issue is that management is alleged to have taken calls which is the work of the
bargaining unit in circumstances that are not permitted by Aritice 7.01 of the Collective
Agreement (the "call-taking issue"). There is no issue as to my jurisdiction.
Having heard the submissions of the parties, I make the following findings:
1. The Union and the Employer are both desirous of trying to put the call-taking issue
behind them. They realize that there is a new technology that is about to be
implemented and that the Employer has asserted that the new technology should
address the call-taking issue. The new technology is scheduled to be implemented
on April 27, 2019. Accordingly, they agree as follows:
a.Within 90 days of April 27, 2019, the parties shall hold• a special LMC
meeting to discuss whether the call-taking issue has been addressed by the
introduction of the new technology;
b.The Union will not file any grievances in respect of the call-taking issue
between today's date and April 27,2019; and
c.Any call-taking issues that arise after April 27, 2019 in which the Union
submits that the Collective Agreement has been contravened even after the
introduction of the new technology will be heard by me.
d.This decision will be communicated to the OCC management team and
those members of the bargaining wilt that perform the call-taking work.
2
e. The grievances are resolved.
2. The Employer contravened Article 7.01 of the collective agreement in respect of
grievance 2018-0505-0020 by management performing bargaining unit work in a
circumstance that was not permitted.
As set out above, I remain seized in respect of the call-taking issue and any issue that may
arise with regard to the implementation or interpretation of this award.
Dated at Toronto, this 22nd day of February, 2019
Stephen Raymond