HomeMy WebLinkAboutAndrade et al 15-01-19Jul/19/2020 12:56:52 PM Palmerston District H - Regist 519-343-3821 2/20
In the Mater of a Labour Arbitration pursuant to the Ontario Labow-.tZ'elationsAct
Between;
NORTH WELLINGTON HEALTH CARE
-and-
ON"IAWO PUBLIC SERVICE EMPLOYER'S' UNION
1Loca1226
Grievances o!'Andrude et al.
OPSEU Fife Nos, 2013(1225-004, 005 and 006
Arbitrator: lZandi H. Abranisky
Appearances
For the Union: Milch. )3twal7 Reggional Grievance Officer
For tate Employer: Michael Allen Counsel
Hearing: Oct. 29. 2014 and dais. 9, 2015 in Guelph, Ontario
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AWARD
There are three grievances in this matter — two individual grievances and one
policy grievance. All involve whether the Employer breached the collective agrQclllent
when it added approximately 10 llollrs per Week of "lead hand" duties to a junior
switchboard operator/registration clerk position, thereby making it a full-time position,
without posting this opportunity Linder Article 11.05 of the collective agreement, The
F'mployer asserts that it did not violate the collective agreement as "lead hand"
re,spoiisibilincs may be assigned by the Employer — aild do not constitute a ,job which
must be posted. The Union asserts that the Employer's action improperly by-passed the
posting obligations set oLit in the collective agreement.
Pacts
The Employer, North Wellington 1•lealtil C'are, comprises a nLunber of health care
facilities, including Louise Marshall and Palmerston. The Union, QPSLU, represents
employees at both sites under one collective agreement.
In t1Ic I'L111 of 2013, MtuiuLZar Of I ivalth lntormettion, Wilma 14assiunl, determined
that she needed a "lead hand" person in the Registration/ Switcilboard group at Louisc
Marshall and Palmerston. She had a lead hand person tit Grove Memorial Hospital —
another North Wellington Health Core site -- and wanted to have one for Louise Marshall
and Palmerston. The Registration/Switchboard groLtp there consisted of four regular part-
time Registration/Switchboard Clerks tit both sites. tend two casuals. one at etich It�cttticin.
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Accordingly, on October 22, 2013, in consultation with Chief 1-Itnnian liesourecs
Off cer Sherri Ferguson. Ms. Kassium posted an "Interest Notice" for
Registr<ltion/Switchboard staff for a "Lead Swticlnboard/Registration Clerk (Cross Site".
It provided, in pertinent part, as follows:
QUALIFICATIONS:
• Dernonstrated leadership skills essential
• Medical terminology Certificate or extensive experience accurately
understanding, spelling and speaking medical terminology required
Expert Meditcch Registral'ion knowledge
o Good working knowledge of MS Office (especially Word and E.Neel) and
experiencc with other software applications, particularly hospital information
Systems
m Working knowledge of and compliance with registration standards
• Excellent verbal and written corninunication skills
Coniplikince with Privacy Legislation and Hospital Confidentiality requirements.
• Experiunce organizing patient health infornnatlon with high degree of =Llrt1CY
(filing,, sorting, otc,)
■ Ability to Ileal eftectively with the public, physicians and other healdwal-Q
professionals, in a polite, pleasant and professional manner.
Ability to work at a fast pace, independently and nnaintain strong, Organizational
skills and ability to priority to meet deadlines.
• Valid drivc^r`s license and vehicle to travel cross -site and to GN1CH and (30H as
reel aired.
LEAD RESPONSIBILITIES:
• Act as a Gon'linunicator to registration stale' and manager
• Assisting manager in decision makkiiig around work flow, work prioritization,
process review
• Drafting procedures and maintenance of manuals for SB/Registration staff to
promote consistent practices at each site
o R(c sponsiblc for assisting in staff' scheduled for Registration/Switchboard
Department Staff
Support and coordination ofdata quality in registration
• Responsible for Meditech training of staff nnennber using Mcditecin Registration
modules
• Reviews supply requests, ordering and subinits within budget lin]itation
• Responsibilities relating to MPI maintenance
• C'ontinuous improvement in pw(:osses and customer service
• 1cu ,istration 'feach (OG I i) member, atio nd muctiings and eonnniuniQation to sttlfl'.
REGISTRATION/SWITCHBOARD IMSPONSIBILITMS: No change
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Hours of Work: Rotating, shifts including days and evelling shift, weekends and
statutory holidays as per posted shifts in additional to extra scheduled lead shifts, up to
40 1101.11.3 per 111011111,
Salmy Base: pay plus lead premium
Interested applicants, please apply by email .... on October 30, 2013.
Article 17 of the collective agreement" entitled Premium Pay, sets out in 17.10, a
"Lead Hand Premium". It reads:
l.eatcl I land responsibilities al•e in addition to llye dutios tit' tlje It:ad [wrid's --base
' C1ftSSItlCatf(all'".
ihG main i'esponSibility of a lead hand is to provide leadership wtthlfl a tjartieviar
work unit or departmmt.
Providing leadership may involve; any of the following:
(1) Acting Lis a '`commLtnicator" between Management and Bargaining Unit employees
within the work unit or department.
(2) Assisting with decision-making around work flow or work prioritization;
(3) Assisting with the scheduling ofl3argaining Unit omployees.
It is agreed that lead hand functions will not include managerial or supervisory
duties related to the imposition ofdiscipliiv or other labour relations Matters.
lead hands will be paid a "lead hand" premium of x0,53/hr in addition to the base
rut❑ orthuir •`baso c1n.9silicution.'"
13-Cl`;ctive the date of ratification ('06) this will increase to $0.65 per hour.
Other rciovant provisions of the collective aSreUMC It inClttde the f0II0Wing:
Article 3 •- MANAGrEM ENT RIGHTS
3.01 The Union eecoglli�ves that the management of the hospital and the; direction of the
employees are fixed exclusively in the Hospital and shall remain solely with the Hospital
oxeept Lis specili(;ally limited by the provisions of this Agreement. wand withOL11
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restricting the generality of the° foregoing, the Union acknowledges that it is the exclusive
function of the Hospital to:
(a)...
(b) hire, assign,...
(c) determine in the interest of efficient operation and high standards of service, the how's
of work, work assignments, methods of doing the work
r .v.
Article 4 — DEFINITIONS
4.01 full -Time Emi)loyces
Full-time employees arc; permanent employees in positions with normal regul.ar and
Continuing hours of work in excess of twenty-ft)ur (24) hours per week,
4.02(1) Part -Time I,mployces
']'here are two (2) c ategorics of part -tune employee tecognized tinder this Agrecinent:
"regular part-time," and "casual part-time."
(a) A "regular part-time" employee is [al permanent employee who makes a
commitment to the employer to be available on a predetermined basis as
required and determined by the employer under the part-time hours of work
rules set out in Article 16, but not normally for more than twenty -floor regular
and continuing hours per week.
(b) A "casual part-time" employee is a permanent employee is employed on a
relief or replacement basis and is reasonably available felt call -ins its
circtunstances demund....
Article 11 —SENIORITY
11.01 ....
11.02 Definition of Seniority and ervice
(a) SenIorit
Seniority is based upon the Migth of continuous ser,icQ in the bargaining unit and is used
to determine -relative rights" between employees on such matters as job openings, and
layoff%recall rights.
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t 1.05 ,lob Posti
(a) The Hospital shall post notices of all permanent vacancies, including new jobs or
classification openings on the bulletin board for a period of seven (7) calendar days.
C;mployees may take written application for such job vacancies within such seven (7)
calen&r day period. l;ntployec:s shall have the right to bide during such seven (7)
calendar day period on any such vacancy or new job created.
The postings referred to in Article (a) shalt stipulate the site, qualifications, classification,
rate of pay, department and shift and a copy shall be provided to the Unit $towards.
(b) Such vacancy or new job created shall be tilled frons the applications received on the
basis of seniority provided the senior employee possesses the necessary qualihcatiom
and ability to perform the normal requirements of the job....
Article 23 — COMPENSATION
23.01 JQb, Classification
(a) ...
(b) Whon the Hospital makes a substantial change in the job content of an existing
classification which in reality causes such classification to become a new
classification, the Hospital agrees to meet with the Union, if requested, to permit
the Union to make representations with respeci to the appropriate rate of pay.
(C) I f the matter is not resolved following the meeting with the Union, the matter may
be referred to arbitration , .. ,
Under the collective agreement, full-time employees are entitled to a number of
Wnefits that do not apply to regular part-time employees, including paid holidays (Article
18.01), paid vacation time (Article 19), and Hcalth and Welfare Bcnefrts (Article 20).
The time for responding to the Interest Notice was extended to October 31, 201 3,
when the Employer clarified, via an October 29, 2013 email, that pursuant to Article 4.01
of the collective agrcement. "th4 additional shills scheduled for the lead role will VeSuJt in
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the ilormal regular and continuing hours of wore{ to be greater than 24 hours, As a restilt
of this, the recipient will have their status changed from pail kili c to full -tinge which
means that they will have benefits and not in lien percentage,"
There were tour responses to the Employer's "Interest Notice' for the Lead
Switchboard/Registration Clerk position, The: 1:mployer selected a junior applicant. The
two individual grievances and the Union's policy grieval= ioilowed,
The evidence established that the subject 01, posting for lead hand positions came
up during the 2008 collective bargaining negotiations. Ms. Ferguson, on behalf of the
r,,Inployer, put the Union on notice that they would no longer be posting lead hand
positions, as the Employee• had in the past. The Union objected to this change, and
reserved the right to grieve should the Employer not post. The Employer did not
introduce any proposal to change the agreement because, according to Ms. Ferguson, "we
felt that tllc language wets sufficient as it was."
ivia. VQI-Su.4on tuyti{iud that ;+11or the naVotiotiuns ennaluded, the Employer hat;
assigned lead hand responsibilities to employees twice without posting, and no
grievances have been riled. The first was when the lead hand housekeeper at Louise
Marshall retired. I Ier lead hand responsibilities were; assigned among the staff on the 7
a.m. to 3 p.m. float shift. The second involved the retirement of the lead hand
maintenancc employee. also at Louise Marshall. The lead eland responsibilities were then
tissigned to his co-worker. The emplovec who replaced the retired employee was not
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assigned lead hand duties. She acknowledged, on cross-examination, that no employee's
� hours of benefits changed as a result of'the assignment of lead hand responsibilities.
Ms. Ferguson also Wstitied that there had been one occasion where the Hospital
changed an employee's status from parttime to full-time without posting, It involved the
Ambulatory Clerk. Although there were two employees in that classification, the extra
hours were all at one site, and were given to the individual at that site. No grievance was
submitted.
'
In terms of the cross -site aspect of the lead hand responsibilities. the Employer I
I removed the cross -site aspect of the job after receiving an arbitral award, in another
grievance, concerning that issue.
Reasons for Decision
These grievances, and the facts in this matter, raise a number of issues. That is
because two things happened together., "lead hand" responsibilities were assigned, and
al�pro�i,zintoly ton Moura lWr -,vock wcrc added to a rojgular part-tirno ernployee's hourm In
do thein, Pursuant to the definitions of "full -tine" and "hart-tin1C" Cmployccs in tllc
collective agreement, these additional regular and continuing lead hand haws changed
the status of the employee assigned these extra duties from regular part-time to full-time.
The Union asserts that the Employer could not do this without posting,
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1. Is there an obligation; under the collective agreement to post lead hand
assignments?
The Union contends that, historically, load hand Assignments were pasted. It
submits that when the Employer advised the Union in the 2008 negotiations that it would
not continue that practice, the Union disagreed and reserved the right to grieve. It
submits that the Employer (lid not then propose any change in the COntractual language.
and that its fallu]'e to do so renders its Ftiilure to post for the lead hand position in this
case; a violation of Article 11,05, which requires the Hospital to "post notices 01' Lill
permanent vacancies, including new jobs or classification openings..." It asserts that the
R,mployer could have, but did not, negotiate an exemption for lead hand responsibilities,
citing Re Nationul lubber Technols,Jies and U& 6K J- Local 3950-10 (2010), 104
C1.A.S. 167 (Knopfl and Re Grey Bruce ,bleallh Services and UP,SL'U, Locul 260
(2006), 84 C,L.A.S. 199 (I-Iaefling). In both those cases, the parties had specifically
exempted lead hand positions from the posting requirements.
It is true that in the two cases cited by the Union, tho parties had agreed to exclude
lead hand positions from the posting procedure, allowing them to be killed at the
discretion of management. That could have been done here, as it was clear that the parties
dict not agree as to whether' the collective agreement, as it existed, required posting. Tlic
Employer, in negotiations, put the Union on notice that it would not continue to post lead
hand assignments, and the Union put t'ho Employer on notice that it disagreed and
rescrved the right to grieve the issue. The Employer dict not propose additional language
because it believed that the collective agreement, as it was written, did not require
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posting,, In this circumstance, there was no requitement for it to propose different
language. It had the right to rely on the existing language and assert its interpretation, if
need be, at arbitration. Indeed, had it proposed new language but failed to secure
agreement, the Union could have argued that the Employer was trying to achieve in
grievance arbitration what it had not succeeded in obtaining at the bargaining table,
Nor do I )ut any weight on the i'act that the rmployer made two assignments of
lead hand responsibilities without a grievance since the 2008 11C90tiations, In both
instances, there does not appear to be any aggrieved individual that resulted CrO11-1 the
assignment, In the housekeeper situation, the lead duties (and prellllum) werQ dispersed
among the housekeepers. In the maintenance en7ployee situation, the duties wercr given
to the lone existing co-worker. There was no evidence that the replacement maintenance
employee had been hired at the time, There was no change in employee hours or benel its
as a result of the assignment of lead hand responsibilities in those two cases,
Turning to the provisions of the parties' collective agreement, i conclude that,
under this agreement, manag;C111;llt may assign luded Mau uutlas without posting,. Thu
only reference to "lead hand" responsibilities in the collective agreement is Article 17.10.
which provides a premium of `0.65 per Hour in addition to the base rate of their "base
classification," "There is noseparateclassifleation or lead hand, nor a separate rate oi'
pity, There is only the "Clerk: (Switchboard/Admitting, Medical Records, Speech,
Ambulatory)" classification -- and the employee assigned lead hand responsibilities
receives a 65 cent per hour premium.
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In this type of situation, the arbitral case law is that there is no requirement to post
for a lead hand position. Re B.C. Rail L161. and Brolherhood pf'Railimll, C'crr'rrlerr. LOO
1419 (1989), 5 L.A.C. (4t1i) 96 (Kinzie),, Re International Union q, 'Electrical Workers,
Local 512 and Canadian Avialion Electronics Lid. (1965), 17 L.A.C. 358 (Laude). The
concept is that lead hand responsibilities are an assipnnlent — not a new job or a distinct
,job. As explained in RGA Canadian Aviation Electronics Ltd., supra at p. 361-63
(emphasis in original):
The lead hand is not a new job or a distinct job. It is a routine way of operating anY
department by giving some of the workers additlonal Functions of a supervisory
�IlatLn'e without changing their classification or removing them from the basic
^ftunctipns, of that.classificatian... In the lead hand there' is always the ol'iglnill
'n pills supervisory duties; When the latter are dropped. the employee returns
to his original tasks. It is expected and understood on the rowni, that the man
remains in his original category....
The lead hand isnot a separate classification. A man can only be a lead hand
within his own section or category.. His position within that category is fluid. He
can either become a lead hand or be put back on his job on the production line
without any reduction of or improvement in his seniority, without a right of
grievance, and with the full knowledge that his position is basically that of a
production work plus supervisory duties. The latter may be reproved at any time.
If the position of lead hand constituted a new vacancy then the employee who
bc:coines lead hand would automatically relinquish his job on the production line
and thereby create a vacancy for sorneone else to 1111. 'I'111s does not happcn, for the
employee who becomes lead hand is not considered to have relinquished his formor
.lob.
Based on the language of tilt parties' collective agreement, 1 conclude that, in
general, lead hand assigiunents need not be posted. Lead hand responsibilities, raider this
collective agreement, are extra duties for which a premium is paid. It is not a separate
job or classification. _
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That determination, however, does not end the issue in this case because this case
involves more than just an assignment of lead hand responsibilities.
r
2, pili the Employer violate the posting provisions in this matter?
The Union argued that even if lead hand responsibilities do not normally have to be
posted, it had to be posted here or the posting provision becomes meaningless, It submits
that the Employer cannot be allowed to Use the lead hand assignment to add additional
flours, thereby creating a full-time position yet avoid its obligation to post "all permanent
vacancies, ulcluding new jobs or classification openings,,." The Employer asserts that it
had no obligation to post 10 hours of lead hand work.
I aving carefully considered the facts of this case, the collective agreciment, the
EIrgUnletltS of the parties and the case law provided, 1 conclude that the Employer
improperly bypassed the posting requirements tinder the collective agreement. The facts
indicate that one of two things occurred here — by adding the 10 hours of lead hand work
to a regular part-time position, the Employer either created a full-time
swilohbuurcl/rv�i�tr.ctio�t ulvrk Pod;tioi-A to which it asuiBnod the feud hand AaicN, ur it
created a new position of Lead registration/Switchboard Clerk. Either way. a posting
was required.
Bctore the Interest Notice was issued, there: were four regular part -tinge Switchboard
Registration Clerks at Louise Marshall and Palmerston. ,after, there was one full-timc
Switchboard Registration Clerk with lead responsibilities, and the remainder continued as
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part-time employees. A new full-time position was created whioh had not existed before.
In my view, that flew full -tinge position had to be posted. The fact that Ms. Ferguson
testified about one example, the Ambulatory Clerk, where a part-time employee's hours
were increased to Full-time without a posting does not rnean that a posting, Should not
have been done. "rhe collective agreement makes ri very clear distinction between full-
time and pwi-time positions. There may have been no increase to the number of
employees in the unit, but the mix of jobs (hill -time, part-time) changed. The Employer
created a full-time job through the assignment of lead hand responsibilities, but did not
post it. The position is not temporary, but permanent. It was — and is — ongoing. The
Employer did not just assign lead hand responsibilities to an existing employee, incurring
a premium payment. It added sufficient "lead hand" hours to change the job from part-
tiyne to toll -tines, The creation of a permanent full -tinge job in Switchboard/Registration
was a "new job" that had not previously existed. Under Article 11.05(x), it had to be
posted,
What occurred hero Is unlike the situation in Re C'emadian ,4 dation Electronics 1,16L,
sty/1"u, tluoiud above. "l71c pvyi4ioii to i-IvL ilUid. Shu vwul ,l u
lead gland or be put back on [her] job on the production line without any reduction of or
improvement in [her] seniority, without a right of grievance..." This is because the lead
hand duties were not simply assigned to her, they were added to her part-tln7c positi011,
which then made her position frill -time. with all the rights and benefits that flow Crorn
that.
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Nor is it similar to the situation in Re B.C. Rail LU., su/-)r u at p. 102, where the
assignment of lead hand duties only represented a 2% to 5% increase in duties, and the
board determined that this "would not appear to represent a substantial enough change to
justify a conclusion that a new job has been created," Here, the addition of ten hours per
week — at least one day per week — was a substantial change, At one 7.5 (lour day per
week (and often more), it was at least a 20% change, Although no case law was provided
that set out a threshold for deterrnillilig what is x `substantial change", I have no
difficultfinding y ag that a "substantial cha�ge:..oqggrre . e •e. Under tkse facts, the
assignment of lead heind duties did result in the creation of a "new ,lob' or a "flew
position" within the meaning of Article 11,05(a).
Similarly, if the Employer's actions are viewed as a new classification — bead
Registration/Switchboard Clerk — that had to be posted under Article 11,05(x) as well.
That provision requires the Hospital to post "all permanent vacancies, including new jobs
or classification openings..." What the Employer did appears to fall most squarely under
Article 23.01(b), It made a substantial change in the job content of an existing
classilication which In rQality oauSes Such to bucolllc U 114w
classification..." It appears to have created a full-time Lead Registration/Switchboard
Clerk position — a position that did not previously exist. Or, as noted, it may be vicwcd
as having created a full-time Registration/Switchboard Clerk position to which it
assigned lead -hand responsibilities.
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The Employer asserts that it makes no sense, and there is no obligation to post a
I0 -flour lead assignment. Such a tractional assignment, it submits, is not a 11111 -tine _job
and need not be posted. It cites to Re City vl'London clod C', UP.E., Local 107 (2000,
132 L.A.C. (0) 129 (Roberts), and Re G. U.P.E., tend Canadian Office and Pt nfessional
1s1»1)1avees Union, Local 342 (2009). 189 LA C. (4u,) 44 (Peltz).
Based on the facts of this case, I Cannot accept the view that what occurred only
involves a 10 -hour per week lead assignment. The ten hoLu-s per week of lead work did
not stand alone — those hours were added to a regular part-time einployee's hours,
thereby creating, a full-time position. 'I'lls sticecssful applicant does not work a Fractional
job, she works a full-time position with lead responsibilities.
The l niployer also Contends that it was reasonable for it to assign the lead work,
without posting, because if it posted, the posting would have been open to anyone in the
bargaining unit — not just switchboard/registration staff -- and if soi-neone from outside of'
that group was the successful applicant, it would result in a layoff of one of the
tt��.jtohhc�at•cl/rectixisirntinn t]rnployces, it sLlbmkq that Stich a posyihilhy shows the
absurdity of having to post For the lead hand assignment.
The Union's response is that, given the job rcquiranlents and qualifications, which
require experience in switchboard/registration work, it is highly unlikely that anyonc
outside of the switchboard/registration group would have the quah-Fications for the
position, Consequently, it submits that the Employer's concern about causing a layoff is
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highly unlikely to happen. Further, it submits that it a layoff` occurs, that is an acceptable
price to pay for enforcement of the collective agreement. In support, it cites to Re C.'ity
Toronio caul Toronto Ovic Eniplayees Union (C. U I.I.E. Local 416)(PR-09-18,3)(241 I ).
108 C'.L.A.S. 335 (Knopf) and Re Brant llaldimaml Mvfblk (acholic 1 [incl School
Boarel amt O. S. S'.T F. (2414), 199 C,L.A.S. 306 (Hayes).
The ]"Employer is correct that under the posting provision in the collective
ugreei wnt, the competition would be open to any employee in the bargaining unit.
Consequently. if someone from outside the switchboard/registration group was the
successful candidate, it likely would result in the layoff' of the least senior regular part-
time employee in that group as there would be insufficient work to retain the position. t
Agree, however. with the Union that it would be a surprising result if the position were
awarded to someone outside of the switchboard/registration group in Iight of the
qualifications required for the job. I also agree with the Union that the possibility that a
layoff might result is not a valid basis not to post,
In this regard. tho case of PV Cily oaf- /'orijive), .ttr�>ru, iR hIgtI*LIMive. 1n that e111t',41.
the employer did not fill positions that it was uncertain about due to a reorganization in
order to minimize the impact of displacement's and disruption that might result from
somcoiw pasting into one of the positions and beim; bumped out shortly thereafter.
Arbitrator Knopf' was sympathetic to the employer's concerns, but determined that the
collective agreement still had to be followed, At par. 41:
It cannot be ignored that the Employer's motives had a rational basis. It was
concerned about the disruptions and difficulties of posting, with potential
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displacements shortly thereafter. Ilowever well intentioned, this reasoning was one
sided at best, and at worst, seriously flawed. 1t is true that bumping and
displacements are nightmares for all concerned. However, they can be inevitable in
a restructuring and downsizing project, They are the foreseeable result of the
provisions ol' the patties' Collective Agreement.-11lere-Fore, they are eontemplatod
and accepted as one of the effects of seniority provisions....
Similarly' in Re Draw 1*114li,nond Noijblk Catholic DislrriclSchool Board siipra
at par, 31, the employer's decision to transfer a secretary from a school that was closing,
to a secretarial position in another school that was open, rather than posting it, "on the
face of it at least, made sense" to the arbitrator. 1 -le found, however, that it violated the
collective agreement. He explained, at par. 32:
That [it made sense does not end the matl,cr. The fact that a particular outeonle can
be rationalized as sonsible, practical or even sympathetic is not the measure of
compliance, To accept this approach leads to an ends -based justification rather than
the principled riglits-based practice that is expected of arbitral review of collective
agreements, An arbitrator should endeavor to identify and apply `fairness' as
-sliapcd by the parties themselves. It is the language of the collective agrcemcnt that
should provide appropriate definition to a conception of what is `fair.'
In the instant matter, the Employer's actions mance sense. It had the right to assign
lead hand responsibilities, and since it still needed regular switchboard/registration clerk
hours. it made sense to acid them onto the employee's regular part-time schedule, Tlie
problem lies in the fact that once it created a new full-time position, the Employer was
required to post it,
3. What is the appropriate remedy?
The Union seeks an order requiring the Employer to post a lull -time
Switchboard/ltcgistratiori Cleric position, and restrict it to the grievors and the
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incumbent. In nay view, the remedy depends on what the Employer decides to do. It
tIppetlrs to nle that there are several options open to the hmployer,
it can create a lull -time Switchboard/Registration Cleric position, which would have
to he posted, and then assign lead hand responsibilities to that person. I see no basis,
howcver, consistent with the collective agreement, to limit the competition to the
grievors and the incumbent.
Alternatively, it can create a new classification under Article 23,01(b) — full-time
Lead Switchboard/Registration Clerk — negotiate the wage rate with the Union and then
post it, again open to all members of the bargaining unit.
There is also a third option -- it can revert talc position to regular part-time status,
and then assign lead hand duties to one of the switchboard/registration staff, provided
that the total hours were "not normally for more than twenty-four (24) regWar and
continuing hours per week", as set out in Article 4.02(a). If, as a result of the lead hated
responsiUilitioa, d,oro wake a ne%-d For udditional s%%itui'i6c)nt-d/vLaic tration clerk vvoi'k. thni
could be done by casual part-time staff, or the creation of another regular part-time
position In other words, the fact that the Employer initially chose to add the 10 -fours
of lead work to a part-time position and thereby create a full-time position which had to
be posted, does not mean that it MUST nosy continue in that planner — only having to
post the job. It has, consistent with the collective agreement, a number of options.
There could also be additional ones that 1 have not considered.
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Jul/19/2020 12:56:52 PM Palmerston District H - Regist 519-343-3821 20/20
Consequently, at this point, I Mind it appropriate to make a declaration only, and not
order a posting
Conclusion:
Cor all the reasons set out above, I conclude as Fallows:
1. The Employer, under the collective agreement, has the right to assign lead hand
duties without posting that assigrunent.
2. The En-.ployer, However, violated the posting provision of the collective
agreement, Article 11.05(a), when it added ten hours per week of lead hand work
to an ex.isiing regular part-time Switchboard/Registration Clerk position, thereby
creating a Full -tine position without posting, and I so declare.
3. Whether a posting is now regWred depends on what the Employer chooses to do,
as set out above its the "'Remedy" section above.
4, 1 shall remain seized.
Issued this 19th day of January, 2015.
/,ti/ Remeli 11. Ar anisk))
Randi 11. Abramsky, Arbitrator
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