HomeMy WebLinkAbout2003-0001.Union.07-10-26 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
Nj
~
Ontario
GSB# 2003-0001
UNION# 2003-0999-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
(OPSEU)
FOR THE UNION
(AMAPCEO)
FOR THE EMPLOYER
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Union Grievance)
and
Association of Management, Administrative and
Professional Crown Employees of Ontario
- and -
The Crown in Right of Ontario
(Ministry of Government Services)
Susan L. Stewart
Cameron Walker
Supervisor, Contract Enforcement
Gary Gannage
President
Catherine Brown
Assistant Deputy Minister
Ministry of Government Services
Unions
Employer
Chair
2
Decision
In accordance with the agreement of the parties, the following terms of a Memorandum of
Understanding dated October 31,2006, constitute an order of the Grievance Settlement Board:
Whereas the parties acknowledge that the current Personnel Screening Checks Policy
and Guidelines are reasonable, and have been implemented and have been effective;
Whereas the Employer must carry out the policies of Government in a fair and
reasonable manner;
And whereas the Employer's security priorities need to be addressed in an efficient
and timely manner, the parties agree to the following:
1) Definition
"Phase 4" means the application of the current Personnel Screening Checks
Policy and Guidelines to all OPS areas and/or locations not identified on page 4 of
the Policy under Phase 1.
2) Application and Scope
The Employer will determine the application of the Policy and Guidelines to
affected positions through the use of a threat risk assessment. The Employer will
provide the appropriate bargaining agent (BA) with the list of affected positions
and affected employees as per the current Policy and Guidelines. Employees in
the affected positions must have an OPS security clearance as a condition of
employment in the position.
Where a challenge of the process cannot be resolved between the parties, the BA
retains the right to proceed to the Grievance Settlement Board. Every effort will
be made to conclude the dispute as expeditiously as possible.
It is agreed that a BA grievance of the process of security checks for an employee,
position or location shall not stop the process from continuing while the dispute is
being determined. The BA shall be provided with such disclosure of information
as may be necessary to support any grievance on the above issues.
3) Mechanism
The Employer and the BA will follow the "OPS Personnel Screening Checks
Policy (March 2005)" and "Operational Guidelines (December 2005)".
3
4) Communication
The Employer will inform the affected BA of the business areas or locations
affected under Phase 4 a minimum of 20 working days prior to implementation,
for the area in question. The affected BA will then identify any requirements for
clarification or additional information within 10 calendar days of receiving notice.
The Employer will respond to the BA within 10 calendar days of receiving notice
from the BA.
5. Operational Review
The parties agree to a biennial Operational Review, unless the parties agree
otherwise.
6. Order of the GSB
This agreement shall be issued as an order of the Grievance Settlement Board.
Dated at Toronto, this 26th day of October, 2007