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HomeMy WebLinkAbout1993-1948.O'Brien.00-07-27 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L '()NTARW GRIEVANCE COMMISSION DE . . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396 GSB # 1948/93 179/94 236/94 OPSED # 93F955 94A574 94A608 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Druon (O'Brien) GIievor - and - The Crown III RIght of Ontano (Mirusm of the SolIcItor General and CorrecTIonal ServIces) Employer BEFORE Deborah ID LeIghton Vice ChaIr FOR THE Tim Hadwen GRIEVOR Counsel Ontano PublIc ServIce Employees Druon FOR THE Len M~ EMPLOYER Counsel Legal ServIces Branch Management Board Secretanat HEARING June 23 2000 ThIS gnevance was settled by Memorandum of Settlement, whIch was made an order of the Gnevance Settlement Board (the board) on August 1,1995 On December 22, 1999 the umon asked the board to reconvene to allow Ms Helen Fmley, the ongmal arbItrator, to address Issues relatmg to the ImplementatIOn of the settlement. The partIes agreed to further mmutes of settlement on March 13, 2000 As part of those mmutes, the partIes agreed that certam Issues would proceed to arbItratIOn and others to medIatIOn- arbItratIOn before me The outstandmg Issues relate to "The SystemIc Change Program" whIch the partIes have been Jomtly developmg over the last several years The heanng mto the ImplementatIOn of the Memorandum of Settlement, proceeded on June 23, 2000 The partIes settled several matters wIthout any assIstance before puttmg three Issues before me The first, Implementmg the memorandum of Settlement wIth the exceptIOn of the Issues whIch are to go to arbItratIOn, was then agreed to by the employer ThIs agreement IS found m the mmutes of June 23,2000 so It IS not necessary to record It here The second Issue regardmg a "trackmg" system was not an Issue that could be fairly dealt wIth by the "med-arb" process The partIes are opposed on whether manager's names should be mcluded m a trackmg system, whIch would lIst any mdIvIdual found to have harassed or dIscnmmated agamst another, on a prohibIted ground. ThIs IS to proceed to heanng m August. The partIes agreed to a med-arb process for the thIrd Issue, whIch relates to the medIatIOn process whIch they have developed for resolvmg conflIcts between two or more employees The employer wants language mcluded m the medIatIOn model found m the "SystemIc Change Program," as follows The medIator wIll pre-screen, normally by telephone and m consultatIOn wIth the co-ordmator shall determme whether the conflIct IS appropnate for medIatIOn. Ongmally the employer proposed that the co-ordmator would decIde whether the conflIct could be medIated or not. The employer IS concerned about costs The umon opposes language whIch proscribes the method of screenmg, because m It's VIew how a case IS screened should depend on the partIculars of the case The umon's proposed language IS as follows The medIator wIll pre-screen and shall determme m consultatIOn wIth the co- ordmator whether the conflIct IS appropnate for medIatIOn. The medIator wIll pre- screen m a cost effectIve and confidentIal manner Smce the partIes were unable to agree, It falls to me to decIde the Issue, based only on the posItIOns and documents presented dunng the medIatIOn. The partIes agreed that no reasons would be provIded for the decIsIOn. Havmg carefully consIdered the posItIOns and the arguments of the partIes, I have decIded that the umon should prevail I hereby order that the language proposed by the umon, and noted above, be mcluded m the medIatIOn provIsIOns of the" SystemIc Change Program " Dated at Toronto, thIS 2ih day of July, 2000 ~ -.: -- -- 'Z.,. . . .. . ) . .1 .. . ':. ._ , " . I. n '"_- .:s. D J D LeIghton, V Ice-chair