HomeMy WebLinkAboutStubbs et al 08-12-01
IN THE MATTER OF AN ARBITRATION
BETWEEN
MUNICIPAL PROPERTY ASSESSMENT CORPORATION
("the Company" / "the Employer")
-AND-
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
on behalf of various Locals
("the Union")
CONCERNING SEVERAL INDIVIDUAL GRIEVANCES REGARDING
SENIORITY START DATES
Christopher Albertyn - Sole Arbitrator
APPEARANCES
For the Union:
Muneeza Sheikh, Grievance Officer
Ivan Herrington, UMC Co-Chair
James Simon, Grievor
For the Employer:
Gregory J. Power, Counsel, Hicks Morley Hamilton Stewart Storie LLP
Greg V olkes, MP AC
David Ross, Student-at-Law, Hicks Morley Hamilton Stewart Storie LLP
Hearing held in TORONTO on November 10,2008.
Award issued on December 1,2008.
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AWARD
1. This award records the agreement of the parties to resolve all outstanding
grievances concerning seniority dates. Based on the parties' submissions on the
issues between them, and on their agreement, all of the outstanding grievances are
resolved on the terms set out herein.
2. The grievance of Matt Stubbs (#1677/03-254-0001) and the grievances of
James Simon (#1680/ 03-105-0007 and #1834/ 03-105-0008) are resolved in their
favour. The seniority dates they sought are granted pursuant to their grievances.
Accordingly, for the purposes of seniority, the start date for Matt Stubbs will be
July 2,2002, and the start date for James Simon will be December 13, 1999.
3. The grievances of Okay Enenwali (#2078/06-546-0004), Salvatore
Ferrante (#2194/08-552-0001 and #1590/ 03-546-0120), Chris Gentle (#2203/
07-322-0001 and #1515/ 02-322-234), Michael Giampolo (#1593/ 02-310-155
and #2075/ 06-546-0002), Patricia Hooper (#2064/ 06-301-0002), Asoka Jayalath
(#2072/ 06-546-0003 and # 1592/ 03-546-121), Brent McIntyre (#2041/05-453-
0005 and #2173/ 07-453-0002) and Diane Simpson (#2175/ 07-403-0001) are
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denied. The basis upon which these grievances are denied is the following: even
on their best case, the Union will not be able to establish a breach by the
Employer of Article 11.01 of the collective agreement, described below.
4. On September 4,2003, the parties concluded a Memorandum of
Understanding. They confirm that all issues concerning the grievances of Hayli
Groen (#1667/ 03-154-015), Matthew Stubbs (#1677/03-254-0001), James
Simon, (#1680/03-105-0007 and #1834/ 03-105-0008) and Sandra Savard
(#1779/03-648-080), referred to in paragraph 3 thereof, are resolved. In the event
of there being any dispute between the parties concerning the implementation or
interpretation of this Memorandum of Understanding, they have agreed that I will
remain seized, notwithstanding the terms thereof.
5. All of the grievances referred to above concern the Grievors' start dates
for the purposes of seniority. Article 11.01. is pertinent. The provision reads:
ARTICLE 11 - SENIORITY
11.0 I Seniority, as referred to in this Agreement, shall mean length of
continuous service. All employees' seniority dates shall be the
earliest of:
a) the seniority date recognized by the Government of Ontario
for employees who were employed by the Ministry of
Finance immediately prior to becoming employees of the
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Employer on December 31, 1998; or
b) the date the employee was last hired by MPAC. For greater
certainty this shall include all continuous temporary and
permanent service.
6. I reiterate the meaning of Article 11.01 (b) and the parties' understanding
of it. Seniority is founded on continuous service. This means that, despite
successive, continuous temporary contracts, once there is any break in service, of
whatever duration, the service before the break does not count towards an
employee's seniority. Seniority applies only with respect to the continuous time of
service since the employee's last hire by MPAC.
7. Furthermore, as is made clear in the Memorandum of Understanding
referred to above, the Employer may offer temporary assignments to employees
on layoff (with a right of recall), but such temporary assignments will not count
towards an employee's seniority or start date, unless the temporary assignment
begins immediately following the layoff (without a break in service) and the
employee is recalled during the continuous period of the assignment.
8. This award confirms the parties' understanding and agreement that there
are now no outstanding grievances concerning employees' start dates for the
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purposes of seniority and that all such grievances are resolved or determined by
this award.
9. I remain seized of the interpretation and/or implementation of this award.
DATED at TORONTO on December 1, 2008.
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Christopher J. Albertyn
Arbitrator