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HomeMy WebLinkAbout1989-0843.Union.90-05-06---.. ~ ONTARIO EMPLOY~:S DE LA COURONNE ~ "' ' '" ~ CROWNEMPLOYEE$ DEL'ONTARIO · GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET' WEST, SUITE 2'tO0, TORONTO. ONTARIO. MSG 1Z8 TELEPHONE/TELEPHONE: (416) 325- 180, RUE DUNDAS OUEST. BUREAU 2100, TORONTO [ONTARIO). M5G t~78 FACStMILE/TI'~'L~-COPIE : (4 16) 326-I396 843/89 IN THE HATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Union Grievance) Grievor - and - The Crown in Right of Ontario (Ministry of Correctional Services) Employer - and - BEFORE: J.D. McCamus Vice-Chairperson S. Urbain Member D. Clark Member FOR THE K. Whitaker GRIEVOR: Counsel Ryder, Whitaker, Wright and Chapman Barristers & Solicitors FOR THE J. Knight EMPLOYER: Counsel Fraser & Beatty - Barristers & Solicitors HEARING: December 19, 1989 ~ on ~nar~ 9b~ec~on This is a policy grievance brought by the Union concerning ~rogram initiated a= ~he Millbroo~ C~rrecttonal Centre in 1988. In the preaen= grievance, the Union grieves a decision taken by :he Minietry=o convert five classl~ied correctional officer positions =o five unclassified peel:ions as being in conflict wit2~ the req~irmments of the C011ective Agreement. The Employer ham raised asked that =he ~anel ~le on i~s firs~ prsllminaF~ objection relating to the timeliness o= the filing of ~he grievance. Ac=or~ingly, at ~e firs: ~ay of hearings conceding this mat:er, ~sstion. Briefly ~tated, the ~mployer's position is the: the Union failed to file s grievance within the time limit preecribe~ in day =i~e limit in the following =arms= the Union arlse~ from the inter, re=etlon, application, administration or alleged contravention o~ thm Agreement, the Union ·hall be entitled =o file a grievance a= the second stage of the grievance procedure ~rovided it deem so wi=him thirty (30) Says following the occurrence or origination of the circumstances giving rise to the grievance" of =his Board that ~he ~ime limit set out in article 27.i2.1 is ~anda=ory in =he sense tha~ failure to comply with mus~ re~u!= in th9 dismissal of =he un=imely grievance. The circ~atances giving rise ~o ~e grievance" occurred at acme point in =he fall of 1988 and, in any event, ~o la,er =ham Nove~er 28, Local. Moreover, the ~ployer aT~es that this ve~ same ~es~ion different panel of ~his Board arising fr~ ~e same factual Correctiona~ se~ices) (Wright), 1506/88, =he Board dismls~ed a similar policy grievance ~iled by =he Union relating the rem=taint measures undertaken at =he Millbrook Correotional decision of the ~oard ought to bm con~idered %0 be ~i~poai~ive cf =he issues raised in its .prelimina~ objection to ~he grievance. For i=e ~aTt, th~ Union has argued ~ha= the "occurrence or origination" of the ~resen= dispute consists in ~he failure o~ the Employsr to post car=aim vacancies an~ the= the D~e~enC grievance 4' Fur=her, ~ha Unton argues ~hat the previous'de¢i~ion of the Board relie~ upon by the~mployer is d!~=lnpuishable aha therefore should untimely. In or,er to fully coneider~e issues raised in =he Employer's preliminary obJeotion, ~t is necessary =o set out the factual restrain= program a= ~he Millbrook Correotional Centre in some detail. Ae well, it will be neceesary =o consider at some imngt~ the previous decision of the Board upon which the ~mployer =miies. A n~i~er o£ ~ocummnts rela~ing ~o ~he res=rain= initiative which is sub, act to =he ~re~ent dispute and, ~ur~er, rela=in~ =o the res=rain: initiative that was subject to ~he grievance l~ading were filed as exhibits. The previous grievance dealt wi~ an ~argo on hiring placed by the Mlnts~ on ~hree vacant general population win~ a= the Millbrook Corrmutional Cmn=re. That initiative was announced by =he Regional Director, Mr. Shoom, i~ a memorand~ to =he Superintendent of ~e Millbrook Co=recticn=l can=re, Mr. G.P. Preston in a memorandum dated O~=ober 26th, 1988 in the following terms (E~ibit 2)= initiatives, it has ~een decided to clos~ one SENT BY:Xe.ox Tele¢opier ?020 gene=al po~u~ation win~ as of 1988. This will result in a reduction in your would be appreciated if you could now prepare Regional Office for processing. This constraint initiative wli1 result in the G.D.0. vacancies, ~hey are to remain vacant and no= filled without my prior approval. ~lease note~hatwhile ~he three posi~ions are sala~ an~ wa~ee fun~ing will remain in Y¢ur base budget. ' In ~un~ing for ~ese poll=ions will be uua~ =owar~ re~uoi~ the overall mala~ aha wages deficit within the =egion. me." A further memorandum from Sheom ~o ~reeton cf =he same date a~nou~ced the restrain~ initiative that is =he subJect~of the pre,mn= grievance in ~e following te~s (E~ibl= ~Ae one of the region ~ s constraints initiatives, i~ ham been ~ecide~ ~o the =tvs classified correctional officer you are aware, the overagms had been ~u~oses. The next five correctional officer necessa~ per~o~ei action can be taken to abolish each overage' and increase your unclassified correctional officer establim~en~ by the e~iva!en= n~er. This initiative will be revimwed .f~llowing audi= of your ins=itu=ion whic~ will take It is in '~er for you to advise your union ~ecutive f ~e closure o~ =he SENT population wing and this action which ia of ~/~e region's salary and wages constraints to re~u=e the defiolt is apprecia=e~. Shoul~ you have any luff. her qume:ions, please contact mm." on or about O=tober ~lst, Mr. Preston me~ with Mr. P.M. MuZ~hy, President of Local 341 and with ~r~ J. Nattress and ~isoussed initiatives, on November 12~.~, 19B8, ~hy wrote to Preston Pleame inuludm mta~f~ng reduo~i~n~, staff training Thim woul~ 'enable thi~ Executive =~ fully e~ialn to our m~ers how .:he res=taints are speoifically It has been brough~ ~o m~ attention ~h&t there is som~ oonfuston by staff, regarding budget issues implemented As part of an on going process~ the ~-~nistry continucu~!y reviews its operations and where '~ ~ired, resources are number of coat saving strategies, ~o=h on an interim and long term basis, to ensure ~hat budget expenditures fall wi=hl~ allocated resources. In respect to this process, the ~ollowing lntmrim measure~ have been tmpl~men=ed at Mlllbrook Correctional C~ntre. 1. The closure of a wing, ef~e~ive November 1, 198S, ~e balance cf the current fiscal yea=. reduced by one correctional officer. 3. At the present time we have three correctlcnal officer vacancies and &n embargo ~as been placed on filling these vacancies at ~his time, due to the re~uction of staff on days and afternoons, b~¢ausa of the win~ closure. 4. Delay filling the vacant Psychometrtst Doll=Ion until March 31, 1989. Delay filling ~ha Lsundz"f officer posi:lon that becomes vacant in ~ebruary, until March ~1, 19s~. 6. Reducing' I.¢.I.T. monthly training to every other month, for the balance of the ouxTen~ fiscal year. 7. Disc~ntinuing the four day annual I.C.I.T. tTaining at A¥1me~ for the balance of the current fiscal year. Reducing some purchases ~f supplies and equipment 9. Utilize~he institution vehicles wherever ~ossible, to reduc~ travel expenses by private auto~obile. 10. The 'five classified correctional officer overages that are utilized for sick relief will be converted =o un¢laesi:ie~ e~tablis~an~ as vacancies occur. The next ~lve correctional officer vacancies will not be filled, but as each occurs, an c~era~& position will be abolis~ and the unolas~ifisO establishment will be increased. The abolishment of %~e five correcUional officer overages will be reviewed following a pos= audit of this Ins:itu=ton, which will take place in the future. lay cfr of classified staff as a consequence of these budge= measures. For your ~nfurmation." ~ENT BY:Xerox Telecopie~ ?020 On November 28, 1988, a copy of Emhibit $ was forwarded by Preston to Murphy toga=her wi~h a covering memorandum (Exhibit 6) which read as follows: "In ~asponse =o your =emorandum of November 12, 1988, attached find copy of a memorandum to Ail Staff, regarding this matter. This memorandum includes =he informs=ion ~isousse~ wl~h you an~ ~r. =im Nm=tress, on October 31, 1988. Should you have any further qume=ions, we could discuss There can be no do~=, then, tha~ the ~nion was ma~e aware of the ~ployer~s intentions wl~ reepec~ ~o the res=raln~ ini~iatives first described by Mr. Shoom in E~ibits 2 and 3. Those !nj=ia=lyes were reported =o all staff in paragraphs 2 and 10 of Exhibit 5, a copy of whic~ was ~o~arded to Mr. ~hy ~der the cover o~ ~ibit 6 on ~ve~er 28th~ 1988. From the Employer'~ perspective, the chronology o~ relevant facts could be terminated at this point in time. In Exhibit 5, ~he Enployer clearly com~u~icated its intention to do what has become the sub~e¢= ma=Car of t~e present grievance, tha~ ia, to convert five classified positions into five unclassified positions. It appears evident from the con=ants of paragraph 10, particularly when read in ~he context of the entire document, that the ~mployer Was not S~lli~g any tnt~tion to reduce tho ~eleva~ workload. There would continue =o be a need for people =o fill in ~hile other correctional officers were off on sick leave. In ~he future, however, the individuals who filled in for =hem would not hcl~ SENT BY:Xe¢ox Telecooie~ ?02C ; 5- 4-90 ; 3:55PM ; w A183261396;~10 ~ ma~in~s %0 %he ~mploye=. Surely at ~hia ~oin~, the ~mplcy~r the Union had 'reason to believe that t/la intended course of action oonstituted a bresoh oft/~e ¢olleo:ive Agraemen~ l= would have bmen The ~ployer' a~es, utilizing =he lan~age of ar:icle 27.12,1, that =he co,unica=ion 0f its decision =0 the Un,on ¢ons=!:utes an "occur=once" or, at ~e ve~ leam~, ~e "origination" of the vs~ latest. The present grievance was no= filed, howmvsr, ~til July 10~h, 1989. The Ltmployer draws su~9ort fort his po&i~ion from~he previous decision of ~he Board, referred to above, in OPS~ (Un.~on Exhibit 1 and Daragraph 3 of Exhibit 5 which involve= =he olo~ing of one wing of the facility and :he declaration of an embargo on filling three correctional officer vaoan=ies as a result of that closing, The Union grieved, as in the Dremen= case, the: the conduct of the Employer ¢onstitu=ed a breach of Article 4 cf the collective agreement on the basis, presumably, that it had failed (Exhibit 5) and the ocm~nunica=ion wi~h Mr. Murphy concerning its origination of circumstances ~iving rise c~ ~e ~rlevan=e. rsJaoCe~ ~e po~it~n takmnb~h~ Union in,he fo%l~wing p~. 4-~)~ " As has already bsen stated, t~ ~m~l~e~ ~aya that "wi~in 30 ~aye following ~e occur=once or of ~he circ-~stances giving rise to ~e G=levanom". The ooourred wi=him the meaning ~f ~iole 4.1 ~en' the ~7.1~.1. However, =he Union's Grieva~ce was ~0= filed until Feb~a~ l~th, 1989 which was ~7 ~s after provisions of Article 27.1~.1 ams manda~o~ an~ not directo~ and the union agrees with the: position. The have n~ Jurisdic:lon to deal with it. The Employer say& brought Co the attention of th~ Employer, ~m ~St o~cas.~o~ was when =~e Employer's memorandum =9 "Ail Shift Supe~isors" wen~ out Mr. Mushy and Mr. Ne=tress on October ~lst, !988. The second occast~n was when P~e~n ~ote to Mr. ~rphy ~ncl~ing the SENT BY:Xerox Tete¢o~ie~ ?020 : 5- 4-90 of .management to be ~haC ~d~e s~eps which che~ were ~e Nove~er 35~, 19~8 m~oran~ by Mr. ~res~on nta~e~ olearly tha~ "At the presen~ time we have position kno~ =o ~e ~ployeoo and to ~e Un, on and bo~ ~e Union and ~o ~loyees generally ~ew or~ginati~n of =ha oirc~s~ances" would ta~e place at a ve~ la,est, ~a. occurreace teo~ place on Nove~r 19~ w~en ~. ~res~on~s mamo=and~ WaS posted =o "All Staff" and that the Grievance Wa~ f~led more ~an 30 days following "~a occurrence,. The Beard further consid~rad and re~ec2ed a submission made by the Union to the effect tha~ the viola~ion ~f ~he celiac=ire agreement in question was of a continuing ~nature. The Board summarized its reasoning on this point in the following te~mm (at 8): "~a~eme~C made a decision and poste~ iC on ~ovember 3$th, 1986 ~nd ~ook no further ~eps since then. That hardly constitutes = violation of a continuing nature w~lch is the Union" It is not alleged by =he Union in =he ~resen= case ~ha~ Che ac=los ~aken by the Employer constitutes ..a continuing grievance and = SE~IT BY;Xerox Tele¢oDier 7020 previous decision of the Board is necessary in ~he present The Employer argues, =hen, tha~ the previous decision cf the conduct described in paragraph 10 of Exhibit $ in t~e p~esent casa, the ~loyer ar~aa ~a~ ~e aama analysis shoed apply. In each case, a decision was made bM the Employer and ~lea=ly co~icatad ~o the Union. In'eac~ case, this, it ia at,ad, consti=u~e~ an "o~currence" wl~in the me~ning of article 27.12.1. Alternatively, the Employer aries ~ha=, as ~a passage ~otad from the Board's ~acision suggests, ~e "origins=ion" o~ =ha circ~stan~es giving rise to ~he grievance which - some~ing would occur prior ~o =~e actual occurrence itself - has at ~he very least taken place in the present con=ext. Surely, the Employer ar~as, even if E~ibft 5 ia ~ the occurrence of ~ha act givin~ rise to t~e present The Union responds to these submissions by arquin~ =hat the manner in which :he aecisi.n communicated in paragraph 10 of Exhibit 5 was actually implemented is oriticaI to determining when Article 27.12.1 im engagm~ on ~he present ~act~. U~iike =he previous grievance, it is argued, the implementation of the paragraph 10 restraint scheme required further 0onduct on %he p~r% SENT BY:Xerox Telec0pie~ ?020 ; 5- ~-90 : 3:57P~ ; ~ ~!632~1396:~14 13 it to wait ~o asa wha~ actual steps were ~akem in crier to ~ha collective agreement. In order to assess the merits of ~his argument, i~ is useful to set out ~e further steps taken by the Employer in =he implementation of =he paragraph '10 restraint scheme. T~e pax~ies ara no~ in precise agreemen= as =o ~ne eneps =hat were taken to implement the paragraph 10 plan =o conver~ £1ve classified posi~ions into five unclassifiea positions and, in effe~=, to replace permanent s=a~ wi~h casual ~ployeee. None~elesa, there la ~eneral a~raam~t on ~e main features of w~t was ~one by the~loyer ~urauan= =u t~ia ~lan. At ~f the vacancies w~ich the Employer relie~ on making of developmental as~i~en=s of two dlfferen= kin~s. laf~ ~ei= pusitf~ns ~ere. One re=ired and =he other ~as poste~ ln~o an A~sis~nt ~ore~eeper position snAp=il I0~, 1989. These developmental asmig~en=s into which co~mctlonal o~ficer$ woul~ rs%ate. ~e availability uf these developmental assignments tn the a memorand~ dated May 9th, 1959 (Exhibit 16). U~ilizing correctional officer s=aff in this fashion, SENT DY:Xerox TelecoPier 7020 ~ositicn ~(htch were, in ~ue course, converte~ into unclassifie~ Supervisors (0M-14), =he Employer decided tD use t~eee ~ositions for developmental assiTnments into which correctional officer~ could rotate. Thus, =we ~ur~her correctional officers were vacancies, ~ far as the Employer is concerned aC' least, ~n =he correctional officer pool with the result ~hat a basis for implementtnq ~he conver~ion scheme thereby arose. The paz~ies do not agree with respect =o =he nature of ~ha fifth vacancy which became subject =o~a conversion scheme. The Employer ar~es ~hat ~he flf~h vacancy arose by ~e posting of ano~er correcCicnal officer into a la~y post=ion on April 3r~, 1989. The Union aries thaC ~ha fifth so-called vacancy arose from ya~ a~other developmental amsi~ment into the Har~er Plane. chosen by the Employer ~r lmplsmen~in~ t~e paragraph 11 restraint ~he Union suggest that some of Chose strategies might have resulUed in a conversion of clae~ifie~ posi~'ionm into unolassifie~ pose=ions ~hat would no= have constituted a violation of the collective agreement. OCher strategies might have ¢ons=ttu~e~ a viola=ion an~ accordingly, before determining whether or not a grievable situation had arisen, the Union wam obliged to wait and see what ~ENT BY:X~rox T'el~¢OD~er ?020 ; 5- 4-90 ; 3:SSD~ ; ~ ~§32~I$$$;#16 There Would be much force in ~his submission b2 the Unicn i.~, indeed, it could determined that there wa~e~ in fac~ a n~e~ o~ violations o~ ~he collec~iva a~aemen2 and ~er~ of whi~ would n~t. Co. eel ~o~ ~he Union ~ed ~ ~hare ware at leaa~ f~ su~ strategies. ~irs=, ~e Employer might have ~losed a wing of ~e ~acility o~ ~ak~n td~antag~ of ~e closure so as to ~educa the ~an~itM o~ work re~t~ed of ~a correctional o~ficer pool wi~ a ~e~ulting reduc~ion in ~he complema~ of correctional o~ficers, Tha~ is to say, ~e Employer may ~ave cree~e~ r~dundenciea. Secondly, the ~ployer might have transferred a n~er cf employees out of ~e ~eneral du~y rcs=er =hue-creatinq ~ive vacancies, we understood counsel ~or the Union =o Me sugqeS~inq that ~ie ia more or lees what happened in =he present case and ~harafore, inasmuch as =ha duties ~o~ally parroted by the inc~ents o~ ~oae positions r~ained to be disobeyed, Artic!e 4 would re.ire a po~ing, Third, co.eel suggested =hat cna possible strate~- would be to create developmental essi~ents, as wes done in the preaan~ case with ~espect tc at least four of the pcmition~. In t~e view oZ co'~sel for the Union a~ least, the legitimacy cf that strategy is open to do~t. The fourth me~od auqgeete~ was ~at the Employer might slm~ly declare ~e position in ~es=ion t~ be Incu~en=s of those positions is no longer neade~. If that fourth a~aCep~J we~e adopted, it ia a~uad that dtf£erenc proviBion~ the collective ag~eemen~ would be broug~ into Counsel ~or ~he Union did no~ provide an ex~a~st£ve analysis o~ the applicati~n o~ the collactive eg~aemen~ to each determine whethe~ the employe~ ~ad behaved in a marker whic~ constituted a violation o~ the a~eemant, it wa~ n~ce~sar¥ become aware'oS the epecl£ic $~epS taken in the implementation ~his aspec~ c~the restraint p~o~ram, counsel for the~mployer has urged upon us, in response, that there was in fact no need for the Union to wait i~ order =o detormime the precise nature of vacancies upon which the Employer woul= rely in due course. The point of the Union's presen~ grievance lo faa= in a situation where there has been ~o reduction in the work load for ~he correctional of.ricer ata~fr five classified positions have been terminated and She classified otaf£ have bean replaced by casual staff. That is what ~he Employer announced it would do on November 25th, 1998, and that is what the Employer has done. There was no need to wait ~eturmine whe=~er or n~= ~he ~mployer mig~ close a win~. That aspect o~ the strategy was sst out in paragraph ~ of Exhibit The Employer suggests ~hat it is apparent on tho face of 5 ~hat the worx to be done by the correctional officer sta~ is not being reduced~in any Way in or,er to facilitate the conversion. Further, it is argued on behalf of the Employer tha: the fact that the Employer utilized, in some instances at least, t. he device of the creation of developmental assignments is not material to the SENT BY:Xerox Telec0Dier ?020 ; 5- 4-90 17 present ~rievance. A separate g=ievance has been filed by the therefore not, ~he Employe~ submits, an issue in the present grievance. The coho= pomJible ~trata~iss recounted by the Union fact occur as, i~dsed, o~e could have predicted in November of It iS our understanding that the presen~ grievance advances e. he theory =hat since the Employer failed CO pose vaoanc!ej which ~ros$ in oiruums~ances where ~here was no reduction, of ~he amount of worm required of the correctional officer work for~e, a breach of the Ar~icle 4 posting re~liremenCs has occur=ed. In our view, ~e ~loyer clearly siqnallea los intention =o do Ju~= that E~hibi: S an~ c~nicated tha~ in=ention clearly by fo~arding oo~enoed ~o r~, ~t the la=eat, on Nova~er 28~, 19~8. There was n~ reason for ~e union ~o wait ~o ~ete~ine whether or not ~e conversion of five classified positions in~o unclassified woul~ arise from some reduction o~ the Worm ioa~ Chat mi~t legitima=e such a move. In our view, iC is apparent on ~e face of the info~a=ion co~ioa~ed in E~ibita S and ~ ~haC no such reduction is conCamplaCed. Nor do we C~ink~e Union's s~missZ~n developments! aa~ig~en=s in ~e creation of the vacancies ~ ~ENT BY:Xerox Tele¢opie? ?020 ; 5- A-BO : ~:OOP~ : - ~]6~2613~#19 question. ~e no~a in passing t~at ~J~e legitimacy O£ ~ha crea~iom o~ a~ least some of ~2~e developmental assignments in ~e presen~ case is at issue in a separate grievance. Mo~e~hanthis, ~owever, wa n~e that =ha ~e~ry underlying ~e ~ni~n'a comp!stn~ in the p~esent con~e~ i$ not chan~ed Dy vi~ue of ~e fac~ ~at some of the vacancies have a~isen in ~his way. The Union has a~laine~ to ~is panel of ~a Board that ~e problem in ea~ case "vacancies" Were oreate~ an~ m~t pos~e~ in circle=antes where the ~obs ~ha~ were per~o~ed by ~he previous incu~ents posi~i~ns in ~ea=ion had no= disappeared. Again, We view entirely consis~ent wi~h~e stra=a~ indica~e~ by =ha ~ployar E~tbi=s S and 6. There was no anticipates =eduction workload. Work currently being ~one ~y classi=ie~ ~taf~ was ~oin~ =o be perfo~ad in =he ~=ure by unclassified staff. Accordingly~ it ia our view,at ~he ~eo~unaerlying ~he present grievance Jus~ aa applicable to ~ha ~c~s as they were a~ N.v~er tach, 198~ as it is t~ the facts at any later point in time. of ~he circumstances giving rise =0 ~e presen~ griev~noe was the decision taken by ~he Employer an~ communicated by the Union in Exhibits ~ and 6. At ~he very lease, we view tha~ decision and its com~unicatiom to =he Union aa =he "origins=ion" of such circumstances. A~ ~hat point in time the Union nee~ea ~o know no~hing more in order to de=ermine Whether the deoieio~ was one which would, when implemented, constitute a violation of ~he ~ENT BY:Xerox Telecooie~ 7020 ; 5- 4-90 ; 4:00PM ; ~ 41~3261398;#20 Collective Agreement on ~he basim Of Re ~/~eory advanced in this grievance =o this panel of ~he Board. Further, having clearly indicated wh&t it intended =o dot ~he~mployer was entitled to know wi=bin the time limi~ prescribed by the collective agreement =o constitute a Breach of ~e cella=rive agre~en~. l~urther~ we note 'that it is not our view ~ha= ~he previous decision o~ the ~oa=d dealin~ wi~.~ t~e paragraph 10 scheme is precisely dimpositivs of ~he issue before us. In the previous came, ~here were no ~er $~eps ~o be taken by ~he ~ployer, whereas in the presan~ case, acme ~rther s~eps did indeed r~ain to be taken. The importan~ p~in~ for presan~ ~oaes, in our view, is ra~er ~at =he Union had no reason =o wal% ~or the' further s=e~s In or, er to dateline whaler ~e decision taken by ~ ~ployer envisioned conduct which cons~ituted a viola=ion of ~e a~reemen=. The nature of =he conduct Which is now alleged by claasifie~ into unclas~lflad positions eve~ ~ough no reduction in =he workload of the workforoe in ~es=ion was contemplated. present grievance has no~ been ~rought in ~imely fashion. Accordingly, =he grievance i~ hereby dismissed. SENT BY:Xerox Teleco~ier ?020 2O Vice-Oha i'rp rson $. Urbain, Member '_'p, M. Clark" D.M. Clark,