The URL can be used to link to this page

Home My WebLink About2000-0319.Leung et al.02-07-15 Order ~M~ om~o EA1PLOYES DE LA COURONNE _Wi iii~~~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 GS8#0319/00, 0388/00, 0974/00, 1112/00, 1182/00, 1247/00, 1248/00 UNION# 008194,008206,008207,008343,008344,008345,008346, 008365, 008374, 008404, 008405 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Leung et ai, GUillermo/Chen) Grievor -and- The Crown In Right of Ontario (Ministry of Finance) Employer BEFORE Randl H Abramsky Vice-Chair FOR THE UNION Don Martin Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Helen Ecker Labour Relations Consultant Ministry of Finance HEARING July 15, 2002 2 ORDER Whereas the Grievance Settlement Board In Its decIsion of July 26, 2001, found that the January, 1999, competition for seven Financial Officer 5 (AtYPical) positions In the North York Regional Tax Office was Improperly canceled, and, Whereas the Grievance Settlement Board In ItS decIsion of July 26,2001, stated that the usual remedy for such a finding would be a declaration that the February 2000 competition for TA5 positions In the North York Regional Tax Office IS a nullity, and, Whereas the Grievance Settlement Board In ItS decIsion of July 26, 2001, directed that the parties attempt to agree upon an acceptable remedy that IS satisfactory and less disruptive of the Ministry's operations, Therefore, on consent of the parties, Without precedent and Without prejudice, In full and final resolution of all the Issues related to the canceled competition of January, 1999, and the subsequent T A5 competition of February, 2000, the Grievance Settlement Board orders as follows 1 The Incumbents remaining of the 10 successful candidates In the February, 2000 competition (652-99) for the Sr Corporations Tax Auditor pOSitions, classified at the Tax Auditor 5 level, In the North York Regional Tax Office will remain In their pOSitions, subject to the conditions set out below In paragraphs 6 and 7 2 The employer, making use of the best Information available to It will, In good faith, select the 7 grlevors In the Chen et al and Leung et al grievances, who are not now employed as Senior Corporations Tax Auditors, and who are, In the employer's opinion, most qualified to fill positions as Senior Corporations Tax Auditors, and will classify and pay those grlevors as Senior Corporations Tax Auditors at the Tax Auditor 5 level effective July 1, 2002 3 The employer's selection of the 7 grlevors will be final and shall not be the subject of any grievance on the merits or that Involves a comparison among grlevors' qualifications 4 Any of those grlevors who were not selected for the Senior Corporations Tax Auditor positions may request an Interview With the appropriate supervlsor(s) for the purpose of gaining an understanding of any weaknesses or defiCienCies which account for not being selected among the seven, and which might be strengthened or corrected In order to Improve his or her career prospects 3 5 There will be no retroactive payments to the seven grlevors associated With their appointment to the positions of Senior Corporations Tax Auditors set out In paragraph 2 6 Four Senior Corporations Tax Auditors from among the total of the Incumbents from the February, 2000, competition and the selected grlevors will be deployed to the Etoblcoke sub-office of the North York Regional Tax Office In accordance With the procedure outlined In paragraph 7 7 The Incumbents from the February, 2000, competition and the selected grlevors will be given the opportunity to volunteer for the Etoblcoke positions In the event that there are more than 4 volunteers, the Employer will assign the four most senior to Etoblcoke In the event that there are less than 4 volunteers, the employer will first assign the volunteers If any, and will assign the least senior of the others to fill the balance of the four positions not filled by volunteers The actual phYSical start date of those employees In the Etoblcoke sub-office will be determined by management based on operational considerations 8 The employer may fill the positions In the manner outlined In paragraphs 2 and 7 above Without posting the positions and the union will not grieve the failure to post. 9 For purposes of any articles of the Collective Agreement related to employment stability, the headquarters of the employees assigned as a result of thiS agreement to the Etoblcoke sub-office will be the North York Regional Tax Office 10 In the event that there IS not suffiCient work at the Tax Auditor 5 level available In the North York Regional Tax Office as of July 1,2002, the effective date of appointment of the grlevors selected by the employer who are not being deployed to the Etoblcoke sub-office, those employees may be required to perform a combination of work assigned to Corporations Tax Auditors classified at the Tax Auditor 4 level, as well as work assigned to Senior Corporations Tax Auditors, classified at the Tax Auditor 5 level Such employees will remain classified and paid at the Senior Corporations Tax Auditor, Tax Auditor 5 level 11 For the purposes of the job posting provIsions of the Collective Agreement no vacancies will occur by the departure of Incumbents of the Senior Corporations Tax Auditors at the Tax Auditor 5 level In the North York Regional Tax Office until such time as the number of Senior Corporations Tax Auditors IS equal to or less than the complement of Senior Corporations Tax Auditors at the North York Regional Tax Office 4 12 Subsequent to the time that the complement of Senior Corporations Tax Auditors In the North York Regional Tax Office location IS equal to or greater than the number of Senior Corporations Tax Auditors In the North York Regional Tax Office location, vacancies at that location will be offered In order of seniority to employees assigned as a result of this agreement to the Etoblcoke sub-office until such time as each such employee has either accepted or rejected one such offer 13 Neither the fact that as a result of this agreement some Senior Corporations Tax Auditors paid at the Tax Auditor 5 level are performing work at the Corporations Tax Auditor, Tax Auditor 4 level, nor any of the facts concerning the work they are dOing or the amount they are paid while working In accordance with this agreement will be used In support of any proposal or demand for the reclassification of any other Tax Auditors 14 The employer shall distribute, In accordance with Instructions from the union, the sum of $156,00000, less applicable statutory deductions, to the Individual grlevors named by the union 15 All grievances related to the February, 2000, competition for Senior Corporations Tax Auditors In the North York Regional Tax Office are hereby dismissed as pertaining to a Job competition which ought never to have taken place 16 The employer will not cause any Corporations Tax Auditors classified at the T A4 or T A5 level to be declared surplus as a result of the over complement In the North York Regional Tax Office caused by thiS agreement. 17 Other than by the limitations expressly stated, the employer's right to manage IS not restricted by thiS order 18 Vice-chair Randl Abramsky will remain seised with respect to any disputes concerning the Implementation of thiS agreement. Dated at Toronto, thiS 15th day of July, 2002 H'1hrmtE1c Randl H Abramsky, Vice-Chair