Loading...
HomeMy WebLinkAbout1998-0541.Union.98-08-06 Decision O/llTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'O/llTARIO 1 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS t80 DUNDAS STREET WEST SUITE {JOO, TORONTO ON M5G tZ{J TELEPHONEfTELfPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU {JOO, TORONTO (ON) M5G tZ8 FACSIMILEfTELfCOPIE (416) 326-13g(j GSB#0541/98 OPSEU# 98U065 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Umon Gnevance) Grievor - and - The Crown In RIght of Ontano (Mimstry of Commumty and Social ServIces) Employer BEFORE W Kaplan Vice-Chair FOR THE G Leeb UNION Gnevance Officer Ontano Pubhc ServIce Employees Umon FOR THE S Mason EMPLOYER Counsel, Legal ServIces Branch Mimstry of Commumty and Social ServIces HEARING July 30, 1998 I 2 IntroductIOn In order to admuuster the new Ontano DIsabIlIty Support Program Act, the employer has establIshed a new office called the Dlsabulty AdjudIcatIOn Urut (hereafter "the urut") To staff the urut, the employer has created a new bargalrung unIt pOSItIon called the DIsabilIty DetermmatIOn AdjudIcator In February 1998, the employer posted 21 of these pOSItIons WIth applIcatIons restrIcted to members of the OntarIO PublIc ServICe A Job competItIOn was held, and fourteen Job offers were made The employer then advertIsed the remauung pOSItIons externally, and a number of the remalrung pOSItIons were filled A unIon gnevance was filed, as were some fifteen mdlvldual gnevances from OPSEU members who had competed unsuccessfully tor the pOSItIon. A number of prelunmary matters proceeded before me at a hearmg m Toronto ThIs award constItutes a record of both the agreement of the partIes WIth respect to certam of those matters and my dIrectIon m regard to the remammg matter m dIspute. Agreed upon Matters 1. Dlsdosure The employer agreed to make a full and complete dlsdosure to the unIOn of all of ItS records relatIng to thIS Job competItIon, both mternal and external, and to do so by August 14, 1998 and sooner If possible 2. Order of Proceedmg The partIes agreed that the employer would, on days already scheduled, proceed first by callmg eVIdence on how the Job competItIon process was run. N otwlthstandmg thIS departure from the usual practIce, the unIOn contInues to bear the eVIdentIary onus, and m callmg lts eVIdence, would be reqUIred to meet that burden. Alter the uruon has put m ItS case, and that of the varIOUS gnevors, the employer IS entItled to a broad nght of reply The employer explICItly acknowledged at the heanng that one of the possible outcomes - WIthout obVIOusly concedmg It was a proper or even a likely 3 result m thIS case - was that the Board could, m exerCIsmg ItS remedIal powers, dIrect that one or more of t.he gnevors or, perhaps, even all of them, be placed m the contested posItIons Direction The outstandmg matter before me was the questIOn ot notIce. Havmg heard the representatIons of the partIes, I am of the VIew that all of the successful applIcants tor the posltIOn, both mternal and external, and mcludmg those hrred to fill vacanCIes that currently eXlst, should be notIfied of thIS proceedmg, and of theIr nght to attend and to be represented by counsel. Conclusion As already noted, thIS matter has been scheduled for a heanng m September 1998 before another vlce-chan ot the Board. In those CIrcwnstances, It seems reasonable to me that any Issue as to the mterpretatIOn or unplementatIon of thIS award should, It such an Issue arlses, be placed before that VIce-chaIr DATED at Toronto thIS 6th day of August 1998 Ir~ . WillIam Kaplan V Ice-Charrperson