HomeMy WebLinkAbout2014-0145.Amos.17-08-25 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2014-0145, 2014-0176, 2014-3266, 2014-3734, 2014-4492
UNION#2014-0586-0034, 2014-0586-0043, 2014-0310-0050, 2014-0308-0012,
2014-0426-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Amos) Union
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION David Wright
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING August 18, 2017
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Decision
[1] Article 22.16 of the collective agreement applies to this matter. Proceedings are
to be expedited and decisions are to be brief and need not contain reasons.
[2] On January 17, 2017, the parties entered into a Memorandum of Settlement
(“MOS”) with respect to a union grievance alleging excessive workloads and/or
detrimental impact from the implementation of SAMS, and alleging breaches of
Articles 2 and 9 of the Collective Agreement. Paragraph 9 of the MOS provides:
The parties agree to the following process for addressing individual or
group grievances from ODSP staff relating to breaches of Article 9,
excessive workload and/or the implementation of SAMS, which have
been submitted to the Employer as of the date of the Memorandum of
Settlement:
(a) By no later than May 31, 2017, the Union will provide the Employer with
a list of the grievances, if any, that it wishes to advance for arbitration.
Any grievance not included in the list will be deemed to be withdrawn.
(b) Vice-Chair Ian Anderson will be seized with jurisdiction to deal with the
grievances on the list, and may use such expedited procedures as he
deems appropriate in the circumstances. If Vice-Chair Anderson
determines an individual or group grievance raises materially the same
issues as those raised by the Union grievance and addressed in this
Memorandum of Settlement, then he will dismiss the grievance. The
Union agrees that it bears the onus for establishing that an individual or
group grievance is not materially the same.
(c) In making the determination on whether the individual or group grievance
is materially the same, Vice-Chair Anderson may consider the particulars
and grievance forms relating to the eight representative grievers.
(d) Any grievance found to be materially different by Vice-Chair Anderson will
proceed to arbitration, on a without prejudice basis to the Employer's
ability to raise such other applicable preliminary objections.
[3] The Union identified five individual grievances pursuant to paragraph 9(a) of the
MOS: GSB File Nos. 2014-0145, 2014-0176, 2014-3266, 2014-3734 and 2014-
4492.
[4] A hearing was held on August 18, 2017 at which the parties made
representations with respect to the procedures to apply for the purposes of the
five individual grievances. Having considered the representations of the parties, I
make the following case management directions:
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(a) The Union shall have until October 31, 2017 to provide particulars in
relation to each of the five individual grievances, including why each
grievance should not be dismissed pursuant to paragraph 9(b) of the
MOS.
(b) The Employer shall have until November 30, 2017 to advise the Union if it
is taking the position that one or more of the five individual grievances
should be dismissed pursuant to paragraph 9(b) of the MOS or for any
other reason. If the employer takes the position that an individual
grievance should be dismissed pursuant to paragraph 9(b) or for any
other reason, it shall set out any further particulars on which it would rely
for this purpose and briefly state the reasons for its position.
(c) If the Employer has sought the dismissal of one or more of the five
individual grievances, an expedited hearing, modelled on the consultation
process used by the Ontario Labour Relations Board, shall be held for the
purposes of determining whether the grievance should be dismissed.
(d) Further case management directions will be given as necessary with
respect to any grievances not dismissed.
Dated at Toronto, Ontario this 25th day of August 2017.
Ian Anderson, Arbitrator