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HomeMy WebLinkAbout2003-3957.Ng.07-12-17 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2003-3957, 2007-0338 UNION# 2004-0516-0001, 2005-0516-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ng) Union - and - The Crown in Right of Ontario (Ministry of Government Services) Employer BEFOREVice-Chair Nimal Dissanayake FOR THE UNION Serge Linarello Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Jennifer Richards Counsel Ministry of Government Services FINAL WRITTEN December 13, 2007. SUBMISSIONS 2 Decision On September 17, 2007 I conducted a mediation-arbitration process with respect to two grievances filed by the grievor, Ms. Flora Ng. The parties presented their respective positions and documents were filed. However, no resolution was achieved. In that it appeared that the pertinent facts were not in dispute, I directed the parties to submit an agreed statement of facts and their submissions within stipulated time limits. The last of the submissions were received on December 13, 2007. This decision was made on the basis of the agreed statement of facts submitted by the parties, their representations at the mediation-arbitration, and their written submissions, together with the documents filed as appendices. The agreed statement of facts reads as follows: AGREED STATEMENT OF FACTS Flora Ng Grievances GSB #2003-3957 (PKI) and #2007-0338 (Job Switch) Employment History 1. The Grievor commenced classified employment in the Ministry of Consumer of Business Services on April 17, 2000 in a SO4 Senior Systems Analyst. The Grievor?s current Appendix 1 position description report is found at . 2. As a result of a reorganization on April 2, 2002, her position (as well as her unit) transferred to the Ministry of Labour. There were no changes to her job duties as a result of the change in Ministry. At this time, the Grievor reported to Stephen Cox. 3. Effective April 1, 2006, the Grievor?s position and unit transferred to the Government Services Delivery Cluster in the Ministry of Government Services. The Grievor reported to Mr. Ed Boctor, Manager, Registration and Transactions Application until June 18, 3 2007. The Grievor now reports to Ms. Catherine Emile, Acting Manager, Registration and Transactions Application. PKI 4. The Ontario government?s Public Key Infrastructure (?PKI?) is an electronic security system used to ensure employees? identities and to protect the integrity of the online see Appendix 2 services used []. A PKI is a combination of hardware, software, people, processes and policies that allow individuals to use online services in an environment of trust and security. In technical terms, PKI works by using digital identity assurance and data encryption to communicate, conduct transactions and exchange information in a secure and confidential manner. The encryption process uses pairs of virtual electronic keys to encode and decode information. 5. All employees in the Ontario Public Service (?OPS?) have Basic PKI assurance for access to the Workforce Information Network (?WIN?), the government-wide integrated human resources system, for electronic pay stubs, attendance etc. Medium Level PKI Assurance is required to access certain online services and databases that are highly sensitive. Medium level assurance is defined on page 2-9 of the Certificate Policy for the see Appendix 3 Government of Ontario PKI [] The main difference is that employees are asked to go to a Local Registration Authority (?LRA?) to authenticate their identity in see Appendix 4 person []. Medium Level PKI Assurance 6. PKI medium assurance authentication is required for all employees who are required to see log on to the Ontario Vital Statistics Improvement Project 1 (?VISION?) system [ Appendix 5 ]. The fundamental objective of VISION was to enhance the security around processing and handling of vital event information. Enhanced authentication of users of the new VISION system was specifically identified as a key program objective. The GO- PKI system was utilized, as the system was specifically mandated as the Government of Ontario?s authentication solution for new systems, particularly those containing sensitive information. Given the high sensitivity of personal information contained in VISION, a medium level of assurance is required. 7. Employees with access to an application which requires a medium level of assurance see Appendix 6 have to upgrade their digital identity to the medium level []. This involves a face-to-face meeting with a LRA to revalidate their identity. Employees? consent is obtained when they sign the GO-PKI Digital Identity Agreement Internal see Appendix 7 Subscriber Form (?the Subscriber Agreement?) []. Section 1 and 3 of the form are completed by the subscriber employee and section 2 of the form is completed by an authorized LRA. 8. To be upgraded to medium level assurance, the subscriber employee must provide at least see GO-PKI two (2) pieces of identification during registration (originals only) [ Operating Procedures atAppendix 8, page 22 ]. The two pieces of identification must consist of: 4 A primary identification document with a document number and photo that was issued by a government organization using a standardized process of registration; and An acceptable secondary identification document. If the primary document does not contain a photograph, then a third piece of identification is required and one of the secondary documents must contain a photograph. 9. The name and address information on the primary and secondary documents is compared for consistency and the number on the primary document is recorded. The information on secondary documentation is not recorded because many of the eligible documents contain personal information that should not be recorded by an LRA, and do not include a document number that can be recorded instead of personal information. 10. Since Subscriber Agreements contain personal information, the original agreements must be securely stored according to the regulations under the Freedom of Information and the Protection of Privacy Act (?FIPPA?) at the Registration Authority (?RA?) secure site only. An RA is accountable for the rules of a specific GO-PKI enabled program within their domain. Storage at the RA site must be locked, secure and access limited to those individuals within the RA network who are actively taking registration information. Individuals acting in registration positions are bound by FIPPA requirements for confidentiality of personal information provided to them. They must not maintain separate copies of the original Subscriber Agreements nor maintain a separate database of see Appendix 8, page 20 the information on the subscriber forms []. 11. The GO-PKI Notice of Collection outlined on the Subscriber Agreement in dictates that, in accordance with the Government of Ontario ? PKI Certificate Policy, the personal information provided on the form is collected for the purpose of issuing the employee a Digital Identity and authorizing the employee as a GO-PKI Subscriber. The information is used to verify the employee?s identity and ensures that the Digital Identity issued correctly identifies the employee and no one else. The completed form is transmitted to the Ministry of Government Services, the Ministry responsible for the implementation and management of GO-PKI. see Appendix 8, page 14 12. There are responsibilities for all authenticating LRA?s []. For example, LRA?s must: Maintain the confidentiality of Subscriber identification information in accordance with both FIPPA and the Municipal Freedom of Information and Protection of Privacy Act; Keep up-to-date with the current RA/LRA Operating Procedures and their role and responsibilities under the procedures. Protect the hardware and software components used in the performance of their LRA function in accordance with the policy and practices of the Certificate Authority. 5 Medium Level PKI Assurance Upgrade 13. On December 2, 2003, the Grievor?s manager, Mr. Cox, sent her an email requesting her see Appendix 9 consent to obtain Medium Level Assurance []. At the time, the Grievor was working on the VISION system, which handles highly sensitive and personal information for the Office of the Registrar General. 14. After the Grievor received the request to upgrade to the medium level, she scheduled a meeting with her manager, her OPSEU representative, Mr. Joe Kavanagh, and the Senior Human Resources Consultant, Mr. David Carter to discuss her concerns and discomfort seeAppendix 10 with providing the required information on December 19, 2003 []. see Appendix 15. The Grievor filed her grievance dated January 7, 2004 (GSB #2003-3957) [ A ]. 16. Following the filing of her grievance, a meeting with Mr. Kavanagh and Mr. Carter was held to discuss the Grievor?s questions and concerns regarding Medium Level PKI see Appendix 11 Assurance on February 13, 2004 []. Job Switch 17. The Grievor refused to provide the required information to gain medium level PKI assurance, and therefore was no longer able to work on the VISION system for security reasons. 18. From February 2004 to June 2004, the Grievor worked on the Release I initiative for the VISION application, an aspect of the VISION system which does not require Medium Level PKI Assurance. 19. From June 2004 and June 2005, the Grievor was involved in the technical support of the VSIS system (the system that VISION replaced) including work on the technical aspects of the decommissioning initiative of the VSIS system. These duties did not require Medium Level PKI Assurance. 20. On August 11, 2005, the Grievor was given the option of alternate work assignments, as the decommissioning initiative of the VSIS system was complete and the Grievor could no longer work on the VISION system. Mr. Boctor gave the Grievor a choice between various assignments: Crystal Reports, Integrated Development Environment Project (?IDE?), or common vendor tools. She declined to select any and she advised that she would accept whatever Mr. Boctor selected. As a result, the Grievor was assigned to work on Crystal development and support. 21. Crystal is an enterprise reporting toolkit that helps create reports in a rapid and flexible manner. A colleague, Ms. Tuyet Ngo, was assigned to introduce the Grievor to the Crystal system and provide her with access until she completed training on Crystal development. She was then scheduled for a Crystal course for four (4) days starting September 13, 2005. The Grievor attended the scheduled course. 6 see 22. On September 23, 2005, the Grievor filed a second grievance (GSB #2007-0338) [ Appendix B ]. 23. The Grievor was off on sick leave from November 7, 2005 to May 3, 2006. She returned to the workplace until June 6, 2006 at which point she went back on sick leave until December 11, 2006. 24. Since her return from sick leave, the Grievor has continued to work with the Crystal system on tasks that do not require Medium Level PKI Assurance. (Appendices not reproduced) The first grievance dated January 07, 2004 arises as a result of the employer?s request that the grievor obtain medium level PK1 assurance as a condition of continuing to work in the Vision system. The grievor alleges in her grievance that the request for personal information to obtain the medium level PK1 security clearance is in violation of article 2 of the collective agreement (The Management Rights provision). In the second grievance dated September 23, 2005, the grievor grieves that the employer?s action of reassigning her to less sensitive duties following her refusal to obtain the higher level of security clearance contravenes article 2 (Management Rights) and article 3 (no discrimination) and any other applicable statutes. The employer has moved that the grievances be dismissed on the basis that a prima facie breach of the collective agreement has not been established. Having reviewed the material and the submissions before me, I find that the grievor was not singled out for any differential treatment. All employees working on the Vision system are required to obtain the medium level security clearance, which requires disclosure of the very same information requested of the grievor. Similarly, it is clear that the grievor was reassigned 7 to other duties, because in the exercise of its management rights, the employer has determined that any employee working on the vision system must have the higher level of security clearance. The material establishes that the employer?s policy applied to the grievor was a general one, applied to all employees working on that system. I find that the employer?s policy was driven by legitimate business and legal considerations. There is no suggestion of bad faith. It was a reasonable exercise of its management rights. Nor is there anything to suggest that the grievor was discriminated against on the basis of any prohibited ground under article 3. For all those reasons the two grievances are without any merit, and are hereby dismissed. th Dated this 17 day of December 2007 at Toronto, Ontario. Nimal Dissanayake Vice-Chairperson