HomeMy WebLinkAbout1996-2779.UNION98_04_02
O/IlTARJO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'om-ARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (410) 326-1388
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPIE (416) 326-1396
GSB # 2779/96
OPSEU # 97U008
IN THE MATTER 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 Community & social Services)
Employer
BEFORE: W Kaplan Vice-Chair
FOR THE J. Paul, G Leeb
GRIEVOR Grievance Officers
ontario Public service Employees Union
FOR THE L Marvy
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING April 1, 1997
2
Order
The grievances in this case, arlsmg out of the closure of the Prince Edward
Heights facility in Picton, raise, among other things, the issue of whether
the employer has made reasonable efforts pursuant to its obligations under
Appendix 9 of the collectIve agreement. The case proceeded to a hean'lg in
Toronto on April 1 , 1997 As a number of employees were scheduled to be
surplused on April 2nd, the union as~ed, among other things, for an order
staying the pending surplus notices At the conclusion of the hearing on
April 1 , 1997, and at the request of the parties for an oral order, the
following order, with written reasons to follow, was given
1 The union's request for a stay is denied
2. The employer is directed to keep careful records of all surplusing
opportunities that arise from April 2, 1997 onwards, records of who goes
where so that if it is subsequently determined that reasonable efforts were
not made, and that Prince Edward Heights employees lost out on attractive
bumping and other opportunities, an appropriate remedy can be devised
3. The employer will, every other Monday at 9"00 a.m , or at such other time
as is mutually agreed to, provide the local union with information about its
efforts under Appendix 9
4 The heanng wIll be scheduled so that it IS completed by the end of June
1997 and a decision will be issued not later than the middle of July 1997
5 Should the employer advance the next scheduled surplus round, it will
immediately notify the unIon .and the union may, In an expedIted process,
come before me to again request that the surplusing be stayed and/or to
make such other requests as it may then consider appropnate
~
3
6 The employer will correct the classification of two employees
scheduled to be surplused on April 2, 1997, and will do so pnor to Issurng
either of them a surplus notification, if theIr classification is incorrect.
7 A th~rd grievance concerning the refusal of the employer to allow
employees to take unpaid leaves of absence IS to be consolidated with this
case The adjudication of this grievance will, if It is successful, result in
appropriate remedies for all affected individuals
8 The employer is directed to provide the union with the documents it has
requested, and it is to do so in advance of the next heanng date The union
is directed to appropriately safeguard those documents given their
confidential and personal nature
I remain seized with respect to the implementation of this order, and with
the grievances themselves.
DATED at Toronto this 2nd day of April 1997
'il/~
William Kaplan
Vice-Chairperson