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HomeMy WebLinkAbout2003-1822.Cobb et al.05-01-10 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# 2003-1822,2003-3112,2003-3113 2003-3114 2003-3115 2003-3116 2003-3117 2003-3118 2003-3119 2003-3120 2003-3121 UNION# 2003-0447-0013 2003-0447-0016 2003-0447-0017 2003-0447-0018 2003-0306-0001 2003-0306-0002,2003-0306-0003 2003-0306-0004 2003-0306-0005 2003-0306-0006 2003-0306-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Cobb et al) Union - and - The Crown In RIght of Ontano (Mimstry of Natural Resources) Employer BEFORE Manlyn Nairn Vice-Chair FOR THE UNION Mark Barclay Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Rhonda SmIth Staff RelatIOns Officer Mimstry of Natural Resources CONFERENCE CALL January 5 2005 2 Intenm Order A number of gnevances have been referred to arbItratIOn (FIle nos 2003-1822 and 2003- 3112 to 2003-3121 InclUSIve) They all Involve an InterpretatIOn of ArtIcle 32 5 of the collectIve agreement as It relates to the offenng of employment contracts In AlgonquIn Park for summer seasonal work for 2003 The partIes attempted to medIate a settlement of the matters but so far have been unsuccessful Those gnevances are before me There may also be addItIOnal files from 2003 whIch the partIes may need to IdentIfy to the Board as raiSIng the same Issue I have been advIsed by the partIes that gnevances have also been filed wIth respect to the same Issue for the 2004 season. Those gnevances are to be advanced to arbItratIOn and the partIes wIll lIkely seek to consolIdate the heanng of all the files The employer seeks partIculars of the 2003 gnevances Dunng a conference call dunng whIch I heard the representatIOns of the partIes, I dIrected the umon to provIde full partIculars of those gnevances I hereby confirm that order The umon IS to provIde full partIculars of the 2003 gnevances, and wIthout lImItIng the generalIty of the foregoIng, those partIculars shall address the folloWIng 1 The provIsIOn(s) of the collectIve agreement alleged to have been vIOlated, 2 The specIfic remedy(ies) beIng sought by the umon. ThIS shall Include partIculars as to how the umon alleges the vanous contracts should properly be offered wIthIn the terms of the collectIve agreement; 3 The umon has alleged that "( e )ven after the filIng of these gnevances management has offered temporary assIgnments and contract extensIOns based on semonty across the Park" The umon IS to provIde partIculars as to the posItIOn(s) and person(s) Involved and partIculars as to when these assIgnments or extensIOns occurred. 4 Any and all partIculars regardIng past practIce upon whIch the umon Intends to rely 5 Whether the umon IS assertIng that any and all RT2 posItIOns WIthIn AlgonquIn Park are the "same posItIOn" under ArtIcle 32 5 of the collectIve agreement. For example, IS a Jumor Ranger Sub-supervIsor the "same posItIOn" as an Intenor Park 3 Warden? ThIS InformatIOn wIll also assIst the partIes In determInIng any appropnate thIrd party notIces that need to be sent In advance of arbItratIOn. 6 Whether the umon IS assertIng that AlgonquIn Park IS one work locatIOn, or whether It IS assertIng that there IS more than one work locatIOn wIthIn the park boundanes If the latter those work locatIOns are to be IdentIfied. 7 Whether the umon IS assertIng, and If so full partIculars of the nature and basIs of nghts and entItlements of seasonal employees to temporary assIgnment based on sem on ty These partIculars are to be forwarded by the umon to the employer's representatIve by no later than Friday, January 21, 2005 The employer also made a request for partIculars In respect of the 2004 gnevances That request may need to be addressed If the partIculars for the 2003 gnevances do not IdentIfy all of the Issues anSIng In the 2004 gnevances and once those gnevances have been consolIdated for heanng. Dated at Toronto Ontano thIS 10th day of January 2005