HomeMy WebLinkAbout2003-0001.Union Grievance.05-12-08 Decision
Crown Employees Commission de Nj
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# 2003-0001
UNION# 2003-0999-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance)
and
AssocIatIOn of Management, AdmInIstratIve and
ProfessIOnal Crown Employees of Ontano Unions
- and -
The Crown In RIght of Ontano
(Mimstry of Government ServIces) Employer
BEFORE Susan L Stewart Chair
FOR THE UNION Ms Kate Hughes
(OPSEU) Cavalluzzo Hayes Shllton MCIntyre &
CornIsh LLP
Barnsters and SOlICItorS
FOR THE UNION Mr Lome Richmond
(AMAPCEO) Sack Goldblatt Mitchell
Barnsters and SOlICItorS
FOR THE EMPLOYER Mr Chnstopher Riggs
Hicks Morley
Barnsters and SOlICItorS
HEARING December 7 2005
2
Order
1 On Apnl 17 2003 the Board Issued an Intenm relIef Order under whIch "the employer IS
hereby dIrected to refraIn from proceedIng wIth ItS Personnel Secunty Checks ImtIatIve
untIl such tIme as the gnevances have been dIsposed of by thIS Board"
2 The partIes appeared before the Board on December 7 2005 In connectIOn wIth the
present status of the matter HavIng regard to the representatIOns of the partIes, the Board
orders as follows
(a) the Order of Apnl17 2003 IS hereby vacated,
(b) the Personnel Screemng Checks PolIcy (the "PolIcy") dated March 2005 and the
OperatIOnal GUIdelInes ImtIaled by the partIes on December 7 2005 may be
Implemented by the Employer as of January 1 2006 and the employer wIll provIde
sufficIent tIme for employees to submIt the necessary documentatIOn, In accordance
wIth a schedule to be determIned by the employer
(c) notwIthstandIng the foregoIng, I remaIn seIzed to deal wIth the folloWIng Issues on
the applIcatIOn of any of the partIes
(i) the OperatIOnal GUIdelInes wIth respect to Phases 3 and 4
(iI) the applIcatIOn of AppendIx F - Redeployment Process wIth respect to
temporary employment;
3 Whereas the partIes agree that the ImplementatIOn of the PolIcy and OperatIOnal
GUIdelInes wIll reqUIre ongOIng reVIew I order that representatIves of the partIes wIll
meet to reVIew the operatIOn of the PolIcy and the OperatIOnal GUIdelInes no later than
September 30 2006
4 NothIng In the OperatIOnal GUIdelInes lImIts the Employer's nght to dIsmIss an employee
for cause, or the employee's consequent nght to gneve
Dated at Toronto thIS 8th day of December 2005