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HomeMy WebLinkAbout2001-0545.Alford et al.05-09-22 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# 2001-0545 2002-2480 2002-2496 2003-0798 2003-1897 2003-1898 2003-2327 2003-2328 2003-2927 2003-3436 2004-07412004-0742,2004-1337 2004-1466 2004-1467 2004-1472,2004-1547 2004-1817 2004-1827 2004-1829 2004-1986 2004-2133 2004-2134 2004-2315 2004-2468 2004-2471 2004-2472,2004-2510 2004-3110 2004-3111 2004-3114 2004-3115 UNION# 2001-0517-0099 2002-0517-0069 2002-0517-0066 2003-0517-0026 2003-0517-0044 2003-0517-0045 2003-0517-0048 2003-0517-0049 2003-0517-0059 2003-0517-0065 2004-0517-0034 2004-0517-0035 2004-0517-0042,2004-0517-0048 2004-0517-0049 2004-0517-0054 2004-0517-0060 2004-0517-0064 2004-0517-0074 2004-0517-0076 2004-0517-0079 2004-0517-0081 2004-0517-0082, 2004-0517-0083 2004-0517-0084 2004-0517-0087 2004-0517-0088 2004-0517-0095 2004-0517-0100 2004-0517-0101 2004-0517-0102, 2004-0517-0103 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Alford et al) Union - and - The Crown In RIght of Ontano (Mimstry of Commumty Safety and CorrectIOnal ServIces) Employer BEFORE Deborah LeIghton Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Greg GledhIll Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces CONFERENCE September 12 & 15 2005 CALLS 2 DeCISIon ThIS IS a deCISIOn on a motIOn for a complIance order heard by a conference call on September 12 and September 15 2005 I adJourned September 12 and resumed September 15 In order to allow the employer and umon representatIves to seek clanficatIOn from theIr clIents on several pOInts and to permIt them to prepare whatever documentatIOn they consIdered necessary for me to decIde thIS motIOn. The partIes agreed by Memorandum of UnderstandIng (MOU) sIgned January 19 2005 as follows 1 The partIes agree to meet WIthIn thIrty (30) days of the sIgmng of thIS agreement In regards to develoPIng and ImplementIng a SIX (6) month pIlot proJect for the purpose of callIng In staff for open ShIftS The partIes further agree to reVIew the proJect at the completIOn for possIble extenSIOn. Management agrees to InVIte the Umon PresIdent and the Supenntendent from the Toronto JaIl 2 FolloWIng the conclusIOn of the consultatIOn process, the terms of the pIlot proJect wIll be clanfied In wntIng as soon as possIble The partIes agree that the Employer shall determIne the appropnate posts, and the partIes wIll come to a mutual agreement In regards to the employees that wIll be assIgned the work. 3 Upon the sIgmng of thIS agreement for the above noted pIlot proJect, the partIes agree to contInue to resolve the overtIme gnevances filed pnor to January 19 2005 relYIng on the eXIstIng records 4 Should the partIes encounter any dIfficultIes In regards to the ImplementatIOn of thIS memorandum, the partIes agree to conduct a teleconference wIth Vice-Chair LeIghton who shall remaIn seIzed wIth thIS agreement. The employer's ImtIal submIssIOn was that the partIes had agreed on another InstItutIOn for the pIlot proJect IdentIfied In paragraphs 1 and 2 The umon dIsagreed, but acknowledged that the purpose of thIS motIOn was to seek an order from the board requmng that the employer comply wIth paragraph 3 wIthIn 30 days The employer then argued that paragraph 3 was only to be done upon completIOn of paragraphs 1 and 2 It was the umon' s submIssIOn that they have been purSUIng ImplementatIOn of thIS memorandum SInce It was sIgned, and they seek an order that paragraph 3 wIll be satIsfied wIthIn thIrty days of thIS order In the umon' s estImatIOn It would take two to three days for the partIes to go through approxImately forty-five overtIme gnevances In a process that the partIes began dunng the "med-arbs" at MWDC last January The employer submItted that the human resources to Implement the MOU are not avaIlable and wIll not be avaIlable untIl after a workload reVIew IS completed at the end of October as reqUIred by Minutes of Settlement sIgned In July 2005 3 Decision HavIng carefully consIdered the submIssIOns and the documentatIOn advanced by the partIes, I am not persuaded that the ImplementatIOn of paragraph 3 IS condItIOnal on the matters addressed In paragraphs 1 and 2 beIng completed. Indeed, the best understandIng of the language of paragraph 3 reqUIres that partIes undertake to resolve overtIme gnevances filed pnor to January 19 2005 upon sIgmng the Memorandum of UnderstandIng Itself ThIS condItIOn was met on January 19 2005 There IS no suggestIOn In paragraph three that ItS provIsIOns do not take effect untIl there IS a resolutIOn of the matters addressed In Paragraphs 1 and 2 Moreover there IS no suggestIOn In paragraphs 1 and 2 that they are to be undertaken or completed before paragraph 3 Further I find that the employer has an oblIgatIOn to fulfill these mInutes that cannot be "excused" by sIgmng a later MOS The oblIgatIOn has eXIsted SInce January 19 2005 The Integnty of the "med-arb" process, and Indeed labour relatIOns between the partIes, reqUIres that mInutes of settlement be Implemented In a tImely manner The language of paragraph 3 provIdes that the partIes agree to contInue to resolve the overtIme gnevances SInce thIS has not been done, the umon requests an order that the employer be reqUIred to resume the process of reVIeWIng the overtIme gnevances and fimsh that reVIew WIthIn 30 days I have decIded to grant thIS motIOn, but I am gIVIng the employer an addItIOnal two weeks to complete the process, untIl November 3 2005 Order Thus for the reasons noted above the employer IS hereby ordered to satIsfy the reqUIrements of paragraph 3 by November 3 2005 by makIng the appropnate management employees avaIlable wIth the InfOrmatIOn (and documents) to SIt down wIth the umon officIals to contInue the process that was begun at the last "med-arbs" at MWDC to reVIew the approxImately 32 outstandIng overtIme gnevances (as of January 19 2005) I shall remaIn seIzed In the event that there are any dIfficultIes wIth the ImplementatIOn of thIS order Dated at Toronto thIS 22nd day of September 2005 ~ . . . .~- . - .'.' -.. 1J......~:h :-- ~ "n, ice> alf