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HomeMy WebLinkAbout1990-0814.Lunardo, Baney & Porter.90-11-30 ~f i I \ r.. ONrARIO ' EMPL DYÉS DE LA CDURDNNE CROWN EMPLOYEeS DEL 'ONTARIO , . 1111 GRIEVANCE COMMISSION DE ~ SETTLEMENT REGLEMENT BOARD DES GRIEFS 1110 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO, M5G lZ8 TELEPHONEfTlllpHONE: (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100. TORONTO (ONTARIO).- M5G IZ8 FACSIMiLE/TÉLÊCOPiE: (416/ 326- 1396 I 814/90, 815/90 816/90 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAIN:ING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Lunardo/Baney/Porter) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) Bmployer BEFORB: M. Gorsky Vice-Chairperson J. Carruthers Member D. Clark Member FOR THE H. Sharp GRIEVOR Counsel , Gowling, strathy & Henderson Barristers & SOlicitors FOR THE J. Crowther I EMPLOYER Staff Relations Advisor Human Resources Branch Ministry of Transportation HEAR:ING: November 16, ,1990 .. rf' . . C, \:':" I, ~ AWARD At the opening of the hearing. counsel for the parties filed an agreed statement of facts which is as follows: 1. The grievors are employed by the Ministry of Transportation in Downsview. Ontario in, the Highway Engineering Division. Surveys and 2. besign. I Lunardo and Baney are Senior Car¡tographers. (Digital). Porter is a Oartographic Information Processor and Edito~. All the grievors aTe involved in the production of 3. Thematic M~PPing. I ' The grievors are classified as Car¡tographer 4 being the only class standard currently available within the present Bargaining Unit Classification System against IWhiCh the grievors' position can be classified. 4. . I The class standard for Cartographer 4 does not adequately cover the duties and 5. responsibil~ties of the grievors' IpOs'it~on. -There is no other class standard which seems appropriate. 6. Neither party wi 11 introduce any other evidence on the merits of the grievance. 7. Thè parties agree that any Jompensation arising from the decision of the Board shall be retroactive to,20 days prior td the filing of the grievance. with interest payable on the retroactive payment. The statement of the parties was supplemented by oral representations which made it clear that the partiJs wish the Board to grant a Berry order, I I ; r,. ( ; , I, 2 Although counsel for the parties indicated to us that : they are not in agreement as to the actual duties and i ! responsibilities of the Grievors, they do agree, as is stated in I paragraph 4 of the agreed statement that, whatever the duties and I I responsibilities of the Grievors may be found to be, the class standard for Cartographer 4 does not adequately cover their duties and responsibilities. As the parties have further agreed (paragraph S.of the f agreed statement) that no other class standard "seems I I - appropriate," this is an appropriate case for the issuance of a Berry order. I ! Therefore, in accordance with the agreed statement of the parties, there being no other existing classification t~at is said to capture the duties and responsibilities of the Grievors' positions, the Employer is directed to re-classify the Grievors. There was disagreement between counsel as to the length of time during which the re-classification should be completed. Counsel for the Employer stated that the usual ninety day rule would be inappropriate be~ause we are dealing with two somewhat different factual situations,. In the circumstances of this case, the Employer is directed to re-classify the Grievors within one hundred and thirty-five days from the date of this Award, during which ,time ,ii , ~ - -~ \ C I .. " "i ~ 3 the new class standards for the' Grievors' posi·t ions wi 11 be prepared. In accordance with the agreement of the parties. compensation a~ising from this decision will be retroactive to twenty days prior to the filing of the grievance with interest payable on the retroactive payment. The parties orally agreed that interest would be payable on the retroactive payment at the rate of ten per cent per annum. We retain jurisdiction o~er the implementation of this Award. Dated at Toronto. this 30th day of November. 1990. ?'J1.¿ ~ M.R. Gòrsky - Vice Chairperson " '. ~~. J/l'r-~her¿¿;¡¿ D. Clark - Member