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HomeMy WebLinkAbout1999-1639.Trotman et al.01-11-30 Decision ~M~ om~o EA1PLOYES DE LA COURONNE _QJ_L i~~i~~~i~T DE L 'ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#1639/99 UNION# 990285 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Trotman et al) Grievor -and- The Crown In Right of Ontario (Ontario Realty Corporation) Employer BEFORE Loretta Mikus Vice-Chairperson FOR THE GRIEVOR Don Martin Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Robert Gordlca Counsel, Legal Services Branch Management Board Secretariat HEARING November 22, 2001 DECISION On October 9, 1998 and April 9, 1999, the Employer and the Union entered Into Minutes of Settlement In respect of a grievance arising from the Employer's decIsion to divest Itself of the services provided by the Ontario Realty Corporation Those Minutes of Settlement were a final and binding resolution of all outstanding matters flowing from that outsourcing of services and was, specifically, a resolution of all matters related to GSB grievance # 0920/98 In September of 1999 a group of employees, namely Dorotea Benedlcto, Isabela Zochowskl, Antonio Ballesteros, Ben Ebrahlml, Leslie Laserna, Pawan Mechdlratta, Sandra Glrdher, Larry Moore and Derek BalJnauth, filed a grievance alleging that management had violated the collective agreement, specifically Article 2 2 1 That breach, It was stated, constituted an unfair labour practice and was contrary to the Human Rights Code By way of remedy the grlevors were seeking reinstatement to their former positions with full compensation for lost wages, benefits and seniority In the alternative, If reinstatement was not feasible, they asked for a guarantee of continued employment at their current rate of pay, Including benefits The grievance contained what was described as a rationale for the allegations which Included the following the grlevors were Intimidated and thereby forced to sign an agreement to take a new Job with the new employer; they were not told the full details of the divestment and Important Information was unreasonably withheld by the Employer; they were effectively denied the right to review the full content of the RFP and were coerced Into making a blind decIsion as a result, the divestment should not have Included the Design Services Branch and, Indeed ItS Inclusion was a deliberate attempt to Include this group of employees In the outsourcing of services which could have been retained within the ORC without undue hardship to the Employer Other grounds for the grievance Included the 2 assertion that their new positions have created health and safety hazards, Insecure Jobs, stress and physical and mental pain and suffenng The Union took the position that the Minutes of Settlement confirmed ItS agreement that the Employer had met ItS responsibilities under the reasonable efforts provIsion of the Collective Agreement. The gnevors submitted their position personally to the Board and, after due consideration of those submissions, I find that the gnevance must be dismissed The Issue of the Employer's responsibility dunng the divestment of services was properly resolved by the Employer and the Union at the time of the outsourcing Once the Union was satisfied that the Employer had fulfilled ItS obligations to ItS employees by making reasonable efforts to ensure that the employees were guaranteed a certain level of salary, benefits and senlonty, the Employer was free to proceed with ItS divestment. The Minutes of Settlement applied to the employees Involved and the decIsion to accept the new position or to be surplused was left to each Individual based on their own personal situation Those Minutes of Settlement resolved all Issues for the employees of the ORC concerning the RFP and are binding on the Employer, the Union and the employees Involved For the reasons stated above, the gnevance IS dismissed Dated at Toronto, this 30th day of November, 2001 ~ . . . .. . .. . .. .. :" to . Loretta Mikus, Vice-Chairperson 3