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Home My WebLink About2000-1357.Policy Grievance.03-05-02 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 1357/00 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN The ASSOcIatIOn of Management, AdmInIstratIve and ProfessIOnal Crown Employees of Ontano (PolIcy Gnevance) Grievor - and - The Crown In RIght of Ontano (Management Board Secretanat) Employer - and - The Ontano PublIc ServIce Employees Umon Intervenor and ProfessIOnal EngIneers, Government of Ontano Intervenor BEFORE Paula Knopf Vice-Chair FOR THE UNION Howard Goldblatt and Andrea Bowker Sack Goldblatt Mitchel Bamsters and SOlICItorS FOR THE EMPLOYER Mary Gersht and MeredIth Brown Counsel Management Board Secretanat 2 FOR THE Donald Eady INTERVENOR OPSEU PalIare Roland Rosenberg RothensteIn LLP Bamsters and SOlICItorS - and - Tim Hadwen Counsel Ontano PublIc ServIce Employees Umon FOR THE Ian Cameron and Nancy Grozelle INTERVENOR PEGO ProfessIOnal EngIneers, Government of Ontano CONFERENCE CALL Apnl 7 2003 HEARINGS Apnll 10 and 15 2003 3 DecIsion This IS a complex matter that will potentially canvass many years of the history of collective bargaining and legislative history concerning the parties Involved In these proceedings Counsel and the parties have endeavored to prepare for the litigation by locating and producing a massive amount of relevant documentary eVidence However, at the outset of the hearing, It became apparent that the hearing would be facIlitated by a clear and focused definition of the documentary framework that thiS case requires Accordingly, after having heard and considered the submissions of the parties, It IS hereby ordered as follows I The parties are to undertake their best efforts to locate and produce the following materials on or before May 16, 2003 All documents, including all reports, notes, proposals, memoranda, whether electronic or otherwise and all communications whether electronic or otherwise, and all other documents of any kind whatsoever in connection with and in any way related to A. The Government of Ontario 1 The preparation of Order-In-Council No 127/94, 127/94, 243/94 and 563/94, and 563/94 referred to In the recognition clause of the AMAPCEO/Government of Ontario collective agreement, Including all documents In respect of the establishment and content of the seven bargaining units, Including but not limited to (I) the Instructions to Ministries respecting preparation of the list of classifications and/or positions and/or employees to be Included In the Order -In-Council, (II) any lists prepared by all Ministries and MBS In connection with the establishment and content of the seven bargaining units In the Order-In- Council, (III) all working documents In connection with the establishment and content of the seven bargaining units In the Order-In-Council, 2 The creation of the ASM classification, Including all reports, proposals, memoranda, electronic communications, and all other documents of any kind whatsoever dealing with (a) the creation of thiS classification, 4 (b) the Implementation of the classification, (c) the transfer of employees Into positions In the classification, (d) the creation of positions In the classification, (e) Job specifications for positions In the classification, (f) Job descriptions for positions In the classification, (g) Job class standards, (h) salary ranges, (I) advertisements for all positions, and (J) lists of Incumbents In all ASM positions since the creation of the classification 3 All employees as defined under the Public Service Act as of March 6, 2003 who are I) Not covered by an OPSEU collective agreements, II) Not covered by the AMAPCEO collective agreements, III) Not covered by the PEGO collective agreements, IV) Not covered by the ALOC/OACC agreements, v) Not covered by the OPPA agreements, VI) Not dentists, architects and physIcians employed In their professional capacity; VII) Not provincial Judges, VIII) Not persons employed as labour mediator or labour concIliator; IX) Not members of the Ontario Provincial Police and public servants who either are Instructors at the Ontario Police College or who are under the supervIsion of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who are represented by the Ontario Provincial Police Association for purposes of collective bargaining, x) Not employees of a college of applied arts and technology 4 The negotiation of the Voluntary Recognition Agreement between AMAPCEO and the Government. 5 The negotiation of the Tripartite Agreement between AMAPCEO, OPSEU and the Government. 6 The negotiation of the first collective agreement between AMAPCEO and the Government of Ontario, specifically in respect of the recognition clause, or any other clause, schedule or appendix addressing the scope of and content of the AMAPCEO bargaining unit. 7 The lists filed by the Government as schedule A to the certification application filed by AMAPCEO in January, 1995 8 All appendices to the Voluntary Recognition Agreement between AMAPCEO and the Government dated March 23, 1995 9 The personnel files for the individuals listed in schedule A hereto 10 The process of CECBA reform pertaining to the creation and the structure of the bargaining units in the period September 1990 to the end of 1996 5 11 The process of adding approximately 2000 "wrongly excluded" OPS employees to the six OPSEU bargaining units 12 The process of identifying inclusions and exclusions to the certification application in respect of the seventh unit and in respect of the Voluntary Recognition Agreement. 13 Any other agreements between OPSEU and the Government of Ontario relating to classifications in the seventh bargaining unit. 14 The process of discussion and negotiation with OPSEU in respect the establishment of the scope and specific content of each of the six bargaining units as described in OIC 127/94, 243/94 and 563/94 and also in any way touching upon the scope and specific content of the seventh bargaining unit. 15 All classification and other grievances filed by OPSEU from January 1, 1994 to March 23, 1995 relating in any way or touching upon classifications in the seventh unit. 16 All applications made by OPSEU from January 1, 1994 to March 23, 1995 under Section 108(2) of the Ontario Labour Relations Act relating in any way or touching upon the seventh bargaining unit. 17 All documents, including working documents concerning AMAPCEO's application for certification filed January 19, 1995, including all interventions B AMAPCEO 1 All documents related to the creation of Order-In-Council No 127/94, 127/94,243/94 and 563/94, and 563/94 In respect of the establishment and content of the seven bargaining units, 2 All documents related to any discussions/exchanges between AMAPCEO and the Government with respect to the creation of the ASM classification and any challenges to the positions therein since the creation of the classification 3 The negotiation of the Voluntary Recognition Agreement between AMAPCEO and the Government. 4 The negotiation of the Tripartite Agreement between AMAPCEO, OPSEU and the Government. 5 The negotiation of the first collective agreement between AMAPCEO and the Government of Ontario, specifically in respect of the recognition clause, or any other clause, schedule or appendix addressing the scope of and content of the AMAPCEO bargaining unit. 6 Any discussion/exchanges between AMAPCEO and the Government with respect to CECBA reform pertaining to the creation and structure of the bargaining units for the period September 1990 to the end of 1996 6 7 Any discussions/exchanges between AMAPCEO and the Government, and AMAPCEO and OPSEU, and any other documents with respect to the process of adding approximately 2000 "wrongfully excluded" OPS employees to the bargaining units 8 Any discussions/exchanges between AMAPCEO and the Government relating to the process of identifying inclusions and exclusions to the certification application in respect of the seventh unit and in respect of the Voluntary Recognition Agreement. 9 Any other documents in the possession and control of AMAPCEO relating to the classifications in the seventh bargaining unit. 10 AMAPCEO's application for certification filed January 19, 1995 including all interventions and all working documents leading toward this application 11 The land surveyors and their inclusion in any bargaining unit, from the process of CECBA reform to one year following the date of Voluntary Recognition with PEGO for land surveyors C OPSEU 1 The negotiation of the Voluntary Recognition Agreement between AMAPCEO and the Government. 2 The negotiation of the Tripartite Agreement between AMAPCEO, OPSEU and the Government. 3 The lists filed by the Government as schedule A to the certification application filed by AMAPCEO in January, 1995 4 The process of CECBA reform commencing in the period September, 1990 to the end of 1996 5 The process of adding approximately 2000 "wrongly excluded" OPS employees to the six OPSEU bargaining units 6 Any other agreements between OPSEU and the Government of Ontario relating to classifications in the seventh bargaining unit. 7 The process of discussion and negotiation with OPSEU in respect the establishment of the scope and specific content of each of the six bargaining units as described in OIC 293/94 and also in any way touching upon the scope and specific content of the seventh bargaining unit. 8 All classification and other grievances filed by OPSEU from January 1, 1994 to March 23, 1995 relating in any way or touching upon classifications in the seventh unit. 9 All applications made by OPSEU from January 1, 1994 to March 23, 1995 under Section 108(2) of the Ontario Labour Relations Act relating in any way or touching upon the seventh bargaining unit. 10 All documents, including working documents concerning AMAPCEO's application for certification filed January 19, 1995, including all interventions 7 11 All documents related to the creation of Order-In-Council No 127/94, 127/94,243/94 and 563/94, and 563/94 In respect of the establishment and content of the seven bargaining units, 12 All documents related to any discussions/exchanges between OPSEU and the Government with respect to the creation of the ASM classification and any challenges to the positions therein since the creation of the classification 12 Any discussions/exchanges between OPSEU and the Government with respect to CECBA reform pertaining to the creation and structure of the bargaining units for the period September 1990 to the end of 1996 13 Any other documents in the possession of control of OPSEU relating to the classification in the seventh bargaining unit. D PEGO 1 The land surveyors and their inclusion in any bargaining unit, from the process of CECBA reform to one year following the date of Voluntary Recognition with PEGO for land surveyors II It is further ordered that no party shall be permitted to introduce into evidence or rely on any document that has not been produced in accordance with the time limit of May 16, 2003 unless by consent or that party can provide a convincing reason why the document was not produced on time with the utilization of best efforts. III In order to facilitate the production process, the hearing date of May 2, 2003 is hereby adjourned. IV This hearing shall resume on June 17, 2003 At this time the hearing shall be considered preemptory as against MBS and OPSEU Dated at Toronto thiS 2nd day of May, 2003 8 SCHEDULE A NAME MIN 1 AHVENNIEMI JOHN NBAY 2 AITCHISON ROBERT MTO 3 ALVES DAVID GUELPH 4 AMENTA PETER CSS 5 ANDERSON NANCY CSS 6 AYLES LEON LAB 7 BEAUCHAMP RICHARD CSS 8 BERG RONALD E MTO 9 BIHUN SUSAN OTT 10 BURKART LYNN FIN/FRE 11 CAMPBELL MILFORD ENE 12 CARTER IAN ENE/ENV 13 CORMIER RONALD CSS 14 COUTURE LAURENT OTT 15 CRAIG WENDY MNR 16 CSABAK DEBORAH NWONT 17 CUNNINGHAM SOPHIA SGC 18 DIAMOND-GLEESON I ATG 19 DOLSON RONALD MOH 20 DOYLE DANIEL SGC 21 DYSON GREGORY SGC 22 ELLIS DAVID SGC 23 FARKAS ANDREW SGC 24 FELDMAN LISA SGC 25 FOULDS DOUG SGC 26 FRENCH BARBARA CSS 27 GILLIAM S SGC 28 GOCH JOHN NBAY 29 HAIST JOHN CSS 30 HAJSANIUK ANDREW FIN 31 HEEREMA FRED LAB 32 HOLLEY BILL AGF 33 HUTCHINGS WARREN SUD/NDM 34 ITENSON DOREEN CSS 35 JARDINE DIANA LAB 36 JOHANSEN DONNA LAB 37 JOHNSTON KIMBERLEY PSS 38 JOHNSTON PHILLIP SGC 39 KAZOKS RITA HOU 40 KENYON IAN CTR 41 LACHANCE SUZANNE ATG 42 LACOURSIERE GERMAIN SUD/NDM 43 LATTY ERROL LAB 44 LEGAUL T MONIQUE NBAY 45 LESSEL PHILIP SGC 46 LEVERT MONIQUE GUELPH 47 LITTELL LINDA CSS 48 MACLEOD CAMERON CSS 49 MARTI N GRAHAM MBS 9 NAME MIN 50 MCADAM JOHN CSS 51 MCDONALD STEPHEN LAB 52 MEDEMA ERIC MBS/WMN 53 MEEHAN KAREN CSS 54 MOWATT WI LLlAM SGC 55 MROZ RICHARD SGC 56 NICHOLLS KEN ENE/ENV 57 PARACKEL JOHNSON NWONT 58 PEREM LINDA MOH 59 PETTERSEN JAMES SGC 60 PHILLIPS MICHAEL PSS 61 POREDOS BORIS MOH 62 PROVENCHER MAUREEN MOH 63 ROBERT RYAN SGC 64 ROBERTS MARC LOND 65 ROBERTSON ARLENE AGF 66 RODDICK DALE CTR 67 ROUSELLE LUCILLE SGC 68 RUBIN RITA MOH 69 SANGINESI WANDA LAB 70 SAVILLE DEBORAH MOH 71 SCHUTS CHRISTIAAN SGC 72 SEELE HELMUT CSS 73 SINGH RICK SGC 74 STEIN MARLENE MOH 75 TURNER D SGC 76 VELLA P CSS 77 WALLACE-PICCIN CLAIRE LOND 78 WARSH RONNA WINDS 79 WEBER STACEY MOH 80 WEI R LINDA CSS