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HomeMy WebLinkAbout2002-1928.Policy Grievance.03-09-23 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 1928/02 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN The Association of Management Administrative and Professional Crown Employees of Ontario (Policy Grievance) Grievor - and - The Crown in Right of Ontario (Management Board Secretariat) Employer BEFORE Richard Brown Vice-Chair FOR THE UNION Andrea Bowker Sack Goldblatt Mitchell Barristers and Solicitors FOR THE EMPLOYER David Strang Counsel Management Board Secretariat HEARING September 11, 2003. 2 DECISION This is the third in a series of decisions relating to disclosure. The initial disclosure order, dated July 14, 2003 states: 1. The employer shall provide to the association a list of the names of all people, save those expressly excluded by paragraph 5 below, not formally designated as employees, who are engaged for a period of more than ninety days, which period includes a common baseline date for all individuals, to perform work requiring regular attendance at one or more sites controlled by the employer. 2. The list shall be accompanied by information about each individual including the start and end dates of the engagement, the geographic location, the type of work and the current designation of the individual’s relationship with the employer. The precise scope of the information to be provided may be determined through agreement of the parties or by this board on the application of either party. 3. The list and accompanying information shall be provided by September 4, 2003, one week before the next hearing date, for one of the six ministries surveyed by the provincial auditor. That ministry shall be selected through agreement of the parties or by this board on the application of either party. 4. The baseline date for disclosure under paragraph 3 above shall be the date of this order unless varied through agreement of the parties or by this board on the application of either party. 5. The list described in paragraph 1 above shall not include people in any category not arguably involving work of the bargaining unit, such categories to be determined through agreement of the parties or by this board on the application of either party. 6. The date of September 4, 2003 in paragraph 3 above may be varied through agreement of the parties or by this board on the application of either party. 7. The period of ninety days and the requirement for regular attendance in paragraph 1 above may be varied through agreement of the parties or by this board on the application of either party. The second decision, dated August 7, 2003, set out the following clarifications and modifications to the original order: a) The ministry for which information is to be provided shall be Management Board Secretariat. b) The information to be disclosed is listed in Appendix A. c) This information shall be provided by October 3, 2003. d) The baseline date shall be the date of this order. 3 e) Before excluding anyone on the ground he or she does not “perform work requiring regular attendance at one or more sites controlled by the employer”, the employer shall notify AMAPCEO of the proposed exclusion. Either party may refer any dispute about such an exclusion to this board for resolution. f) The employer shall make best efforts to provide by September 5, 2003 notice of any exclusions proposed under either paragraph e) above or paragraph 5 of the order dated July 14. In any event, notice of all proposed exclusions shall be provided no later than September 19. Notice under this paragraph shall be accompanied by brief reasons for each proposed exclusion. For ease of reference, Appendix “A” to the August 7 decision is attached hereto. At the hearing on September 11, 2003, the parties agreed to the issuance of a consent order with the terms set out below: a) There will be no disclosure of information about persons engaged under Ontario Works or persons working in a minister’s office in a position confidential to a minister of the crown. b) For persons engaged to collect, advise, investigate or use information that is confidential to labour relations, persons engaged to provide labour relations or employee relations advice and persons working in support of either of the foregoing, the employer shall disclose by October 3: • name of the individual; • whether he of she is an independent contractor and, if not, the name of the party alleged to be the true employer; • the work unit to which the individual is attached • a brief description of what the individual does • a brief rationale for the proposed exclusion from disclosure under Appendix “A” of the decision dated August 7. c) For the persons listed in paragraph b above, the union shall indicate by October 6 whether it requires the information listed in Appendix “A”. Any such information required by the union shall be disclosed by October 10. d) The employer shall disclose to the union by September 15 the EDS contract in the form provide to IBM pursuant to an order of the Information and Privacy Commissioner. e) For any proposed exclusions, other than those mentioned in paragraphs a and b above, the employer shall provide particulars and a brief rationale by September 19. 4 f) For persons not affected by an exclusion, the employer shall make best efforts to disclose the information specified in Appendix “A” by October 3 and, in any event, shall disclose such information no later than October 10. Dated at Toronto this 23rd day of September 2003. Richard Brown Vice-Chair 5 APPENDIX ‘A’ 1. Name of individual and their contact information; 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 the 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, and the length or expected length of the engagement; 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 he or she commenced performance of the work in question; 5. Method of payment – hourly, daily, weekly, 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 is assumed that the individual works on the employer’s premises; 8. Name of ministry “contact” person and/or supervisor, where applicable; 9. Equipment and tools used and whether these are supplied by the employer; and 10. The name of the agency, transfer payment agency, or firm through which the individual or the work is supplied, where applicable.