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HomeMy WebLinkAbout2002-2441.Union.11-08-16 DecisionCommission de Crown Employees Grievance Settlement UqJOHPHQWGHVJULHIV Board GHVHPSOR\pVGHOD Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 7pO   Fax (416) 326-1396 7pOpF   GSB#2002-2441 UNION#2002-0999-0018 (02U120) IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Union) Union - and - The Crown in Right of Ontario (Ministry of Government Services) Employer BEFOREVice-Chair Ken Petryshen FOR THE UNION Laurie Chapman Ontario Public Service Employees Union Supervisor, Contract Enforcement Unit FOR THE EMPLOYER Deborah-Anne Long Ministry of Government Services Collective Agreements Administration Manager (A) HEARINGAugust 11, 2011. - 2 - Decision [1]The parties met at the Grievance Settlement Board on Thursday, August 11, 2011, to review certain issues concerning the bargaining unit integrity proFHGXUDOSURWRFRO ³%8, 3URWRFRO´ 7KH%8,3URWRFROwas developed in response to thH8QLRQ¶V%8,JULHYDQFHGDWHG June 10, 2002. I ordered the original BUI Protocol in 2003. After consulting with the parties in June of 2006, the BUI Protocol was amended to meet the needs of the parties arising from changed circumstances. The meeting at the GSB on August 11, 2011 was called because both parties believe there is a need again to amend the BUI Protocol to address changing circumstances. [2] After considering the representations from the parties, I find that it is appropriate to amend the BUI Protocol. The amendments I have made to the BUI Protocol are reflected in WKHDWWDFKHG$SSHQGL[³$´7Ke most noteworthy amendments relate to the number of hearing days per month and the participation of a Vice-Chair at the mediation stage of the process. I hereby direct the parties to comply with the amended BUI Protocol. th Dated at Toronto this 16 day of August 2011. Ken Petryshen, Vice-Chair - 3 - $33(1',;³$´ Procedural Protocol Concerning Union Grievance 02U120 The following represents the revised procedural protocol to address sites identified by the Union. The intention of this protocol is to provide a framework for the continuing proceedings of the bargaining unit integrity grievaQFH±*6%DQGLWLVXQGHUVWood that there must be some flexibility in the manner that the protocol is applied and administered as the matters proceed. Where issues arise concerning the application of the protocol, the parties will discuss the issues and endeavour to resolve them; failing resolution, issues can be brought forward by either party to one of the appointed Vice Chairs for resolution. The timelines set out in the protocol may be extended by mutual agreement, failing which, if a party requires an extension of a timeline, the parties may make representations to Vice Chair Ken Petryshen or, by agreement, to the Vice Chair who is seized with respect to the area in question, who may grant an extension where it is reasonable to do so. There shall be four Vice Chairs of the Grievance Settlement Board assigned to hear the matter in mediation/arbitration, as follows: Ken Petryshen, Barry Fisher, Randi Abramsky, Bram Herlich The process for identifying the areas (i.e. units, branches, departments, or offices, or groups thereof) to be mediated/arbitrated shall be as follows: The parties, in consultation with the Grievance Settlement Board, will identify hearing dates, 4 per month, on which mediation/arbitration will take place, commencing as soon as reasonably possible. Scheduling of the mediation dates, (as distinct from mediation/arbitration hearing dates), will take place between MGS and OPSEU. These mediation dates will take place with a Vice-Chair unless the parties agree otherwise. It is not the intention of the parties to hold Stage Two meetings for these matters. Upon determination of a bargaining unit integrity issue, as defined in this protocol, the Union will file a policy grievance and forward it directly to the Director of Employee Relations at MGS. The proposed schedule will be in the nature RID³UROOLQJ´OLVWRIWKUee months in advance. The Employer will provide disclosure to the Union within 6 weeks of receiving the policy grievance. It is possible that there may be months where no issues are forwarded and others where the parties need to carry files over. Where the Employer has a concern regarding the proposed schedule of areas, that concern may be raised and dealt with as set out below, first through discussions between the parties to attempt to resolve the issue and, failing that, by putting that issue expeditiously to Vice Chair Petryshen for his resolution. The cut off or snapshot date to be used in determining the disclosure information shall be the policy grievance date. - 4 - Where issues arise concerning the application of the above process, including, for example, the 8QLRQ¶VFKRLFHRIDUHDWREHGHDOWZLWKIRUDSDrticular date or the disclosure deadlines, the parties will discuss and attempt to resolve the issues, or failing this, put the issue expeditiously before Vice Chair Petryshen for resolution. DISCLOSURE In respect of each non-Ministry employee (agency employee, fee-for-service consultant, consultant employee, transfer payment agency employee, contractor, partner, volunteer) in the identified unit, branch, department, or office (or group of units, branches, departments, or offices, as the case may be), and for each unclassified employee in the identified unit, branch, department, or office (or group of units, branches, departments, or offices, as the case may be), the Employer will provide the following disclosure at least 6 weeks prior to the arbitration date scheduled in respect of the identified unit, branch, department, or office (or group of units, branches, departments, or offices, as the case may be): 1.Name of individual. 2.Name of current position, or if there is no specified position name, information as to the nature of the work performed (for example, a job description, or a task description or list) and name of the project (if applicable). 3.The first date on which this individual was employed in respect of or worked on the task or tasks in question. 4.If the task or tasks have been performed by more than one individual in succession, the first date on which the task or tasks were performed, and the name of the individual or individuals who performed the work, and the dates on which s/he or they commenced performance of the work in question. 5.0HWKRGRISD\PHQW±KRXUO\GDLO\ZHHNly, on a project basis, or any other compensation arrangement. 6.The number of hours billed to the Crown by or in relation to the individual in question (where applicable). 7.Work location (unless the Employer specifies, it will be assumed that the person works on Employer premises). 8.(TXLSPHQWWRROV±ZKHWKHUVXSSOLHGE\(PSOoyer, and what supplied (unless the Employer specifies, it will be assumed that the tools of the trade utilized by the individual are owned by the Employer. 9.Name of Ministry contact person and/or supervisor, where applicable. 10.The identity of the agency, transfer payment agency, or firm through which the individual or the work is supplied, as applicable. - 5 - 11.In the case of unclassified employees, in addition to any of the applicable information outlined above, whether the individual is full-time or part-time and the reason for the LQGLYLGXDO¶VDSSRLQWPHQWWR the unclassified service. It is understood that an inadvertent failure to disclose information will not preclude the Employer from calling evidence concerning a particular area, subject to the Union having an opportunity to adequately respond to the evidence including, for example, seeking further disclosure or adjourning the matter as necessary to review evidence not previously disclosed. MEDIATION Approximately thirty days prior to the arbitration date scheduled in respect of a particular area, the parties will meet to mediate in an effort to resolve the issues in that area, or failing resolution of the area, to narrow the issues between them with respect to an area. If the area under consideration is not fully resolved, the aspects remaining will then proceed to arbitration before one of the Vice Chairs of the Grievance Settlement Board selected as set out above. PROCEDURAL MATTERS In respect of procedural matters generally governing the manner in which the litigation of the grievance (as distinct from procedural matters affecting only the litigation in respect of an area or areas) proceeds before the Board, the parties are agreed that such matters should be referred to Vice Chair Petryshen, who may determine the manner in which the issue is to be determined (including, for example, telephone conference hearings or written submissions). In addition, an allegation that this protocol has not been complied with will also be brought before arbitrator Petryshen. Where, during the process described above, any issue arises which bears on the application of the protocol, including, without limitation, issues concerning the identification of an area for disclosure, mediation and/or mediation/arbitration, the issues to be determined, or the scope, relevance or necessity of disclosure of information, or concerning the ability of either party to meet the timeliness set out in the protocol, the parties may discuss the issue and, failing resolution, refer the issue to Vice Chair Petryshen or, by agreement, one of the other appointed Vice Chairs for determination. Where such issues arise and require discussion or determination, the parties will endeavour to have the issues dealt with expeditiously. With respect to this protocol, at any time the parties may agree to make changes to the process. Failing agreement, either party may make representations to Vice Chair Petryshen concerning the need for changes to the protocol as the litigation progresses and he may amend the protocol as he deems appropriate and necessary based on the representations of the parties. Where a determination of a Vice Chair concerning the protocol is necessary, the issue may be determined by hearing, by telephone conference, by written submission, or any method which is agreeable to the parties. Failing agreement on the method, the Vice Chair may determine the method by which the issue will be dealt with. - 6 - It is understood that the intention and agreement of the parties is that, with the exception of matters already scheduled or where hearings have commenced and the matters are ongoing, or as otherwise agreed by the parties, grievances concerning the issues raised in grievance 02U120 will be consolidated with 02U120 and dealt with through this process, subject in each case to discussion by the parties. TERMINATION This protocol may be terminated by either party on thirty days notice in writing to the other party. Without limiting this right, prior to termination, where either party has given notice to terminate, the parties will meet with Vice Chair Petryshen for discussion of the issues giving rise to the notice or issues arising from the termination to attempt to resolve the issues.