HomeMy WebLinkAbout2002-1928.Policy Grievance.04-07-19 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# 2002-1928
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
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 Michael Mitchell
Sack Goldblatt Mitchell
Barristers and Solicitors
FOR THE EMPLOYER David Strang, Acting Associate Director,
Mary-Pat Moore, Counsel,
Management Board Secretariat
HEARING July 14, 2004.
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Decision
The following directions apply to positions at the Ministry of Health:
1. For the positions listed in the letter attached to this decision as Appendix “A”, the
employer shall forthwith comply with the production order issued on March 29, 2004.
2. Where the employer contends a position involves work of the type done by OPSEU
members, this contention shall not negate any of the employer’s disclosure obligations.
3. Where the employer contends a position existing on the baseline date ceased to exist
before the date for disclosure, this contention shall not negate any of the employer’s
disclosure obligations.
4. Where the association has claimed a position and the employer has disputed this claim,
the employer shall by August 6, 2004 state its position as to:
• whether the position involves the type work done by AMAPCEO members;
• whether the person holding the position is an employee of the ministry; and
• if said to be an employee, whether the person is excluded from the bargaining unit.
5. The association shall endeavour to provide its response to the employer’s position by
September 10, 2004.
Dated at Toronto this 19th day of July 2004.
Richard Brown
Vice-Chair
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Appendix “A”
Human Resources Branch
2nd Floor, 5700 Yonge Street
Toronto ON M2M 4K5
Telephone: (416) 326-5987
Facsimile: (416) 327-4482
Direction des ressources humaines
2e étage, 5700 rue Yonge
Toronto ON M2M 4K5
Téléphone: (416) 326-5987
Télécopieur: (416) 327-4482
BY E-MAIL
WITHOUT PREJUDICE
July 16, 2004
Vice-Chair Richard Brown
Grievance Settlement Board
Suite 600, 180 Dundas Street West
Toronto, Ontario
M5G 1Z8
and
Mr. Michael Mitchell
Sack Goldblatt Mitchell
Suite 1130, 20 Dundas Street West
P.O. Box 180
Toronto, Ontario
M5G 2G8
Dear Vice-Chair Brown and Mr. Mitchell:
RE: AMAPCEO and the Crown in Right of Ontario
Grievance Settlement Board File No. 1928/02
Ministry of Health and Long-Term Care
Further to the agreement reached by the parties regarding disclosure from the Ministry of Health
and Long-Term Care, please find below a list of the disclosed positions and correlating program
areas within the Ministry of Health and Long-Term Care for which complete disclosure, in
compliance with the Grievance Settlement Board order dated March 29, 2004, has not been
received as of July 15, 2004. Specifically, the March 29th order required the employer to
produce to the association by April 26, 2004:
• Any contract or secondment agreement for an individual, and
• If such a contract or agreement does not exist or does not describe the work
performed by an indivudal, a job specification or any other document containing a
description of this work.
Ministry of Health
and Long-Term Care
Ministère de la Santé
et des Soins de longue durée
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Such documents need not be provided for any individual whom the employer
concedes should be treated as a member of the bargaining unit.
Binder 1
Hospitals Branch
A job description or source document containing same has not been received for:
File no. 2-31 (IBM Consultant )
Long Term Care Facilities Branch
A job description has not been received for:
File nos. 2-53 (Legislation Consultant); 2-54 (Senior Policy Analyst); 2-55 (Records Manager; 2-56
(Research Analyst); 2-57 (Information Officer; and 2-58 (Licensing Clerk)
Binder 2 – Provincial Psychiatric Hospitals
Whitby Mental Health Centre
A job description or source document containing same has not been received for (positions not assigned
file numbers):
Physician
Nurse Practitioner
Psychiatrist
Psychiatrist-in-Chief
Staff Psychiatrist
Patient Council Facilitator
Pianist
Sessional Chaplain
Worship Leader
WMHC Security Services
Psychologist
Due to the short time frame available to respond to the Board’s request, should the Employer find
additional positions for which disclosure compliant with previous Board orders has not been received, I
will notify the Board and AMAPCEO.
Should AMAPCEO determine, upon receipt of this letter, not to claim any of the aforementioned
positions, the Employer kindly requests the association to notify Mary Pat Moore or Aimee Ableman at
their earliest convenience.
Please advise if you have questions regarding this information.
Yours truly,
Original signed by Aimee Ableman
Aimee Ableman
Employee Relations Consultant
Ministry of Health and Long-Term Care
c: Gary Gannage, President, AMAPCEO
David Strang, Senior Counsel, Legal Services Branch, Management Board Secretariat
Mary Pat Moore, Counsel, Legal Services Branch, Management Board Secretariat
Stephen Jarvis, Manager, Corporate Relations, Ministry of Health and Long-Term Care
Michele Migus, Corporate Staff Relations Officer, Negotiations Secretariat, Management Board Secretariat