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HomeMy WebLinkAbout2003-0001.Union.08-06-25 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# 2003-0001 UNION# 2003-0999-0012 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Union Grievance) Union - and - The Crown in Right of Ontario (Ministry of Government and Consumer Services) Employer BEFOREChair Susan L. Stewart FOR THE UNION Stephen Moreau Cavalluzzo Hayes Shilton McIntyre & Cornish Barristers and Solicitors FOR THE EMPLOYER Len Hatzis Counsel Ministry of Government and Consumer Services HEARING June 24, 2008. 2 Decision In accordance with the agreement of the Parties attached as Appendix A hereto, the hearing scheduled before the Grievance Settlement Board today, June 24, 2008, is adjourned on the terms, as these are set out in the aforesaid agreement. AMAPCEO is not a party to the agreement and is not bound by its terms. th Dated at Toronto this 25 day of June 2008. Susan L. Stewart Chair 3 Appendix A MEMORANDUM OF SETTLEMENT GSB #: 2003-0001 BETWEEN: Ontario Public Service Employees Union (THE UNION) - and - THE CROWN IN RIGHT OF ONTARIO (Ministry of Government and Consumer Services and the Ministry of Community and Social Services) (THE EMPLOYER) Whereas the GSB issued an Order dated December 8, 2005 (GSB#2003-0001) confirming that it remains seized with respect to certain issues related to the OPS Personnel Screening Checks Policy (?the Policy) and the associated Operational Guidelines (?the Guidelines?); And Whereas the Employer wishes to apply the Policy and the Guidelines and in particular the application of the Components of a Screening Check Process (as defined in the Policy at page 7) to all Regional positions in the Ontario Disability and Support Program (ODSP) And Whereas the parties have already signed a Memorandum of Settlement dated May 13, 2008 dealing with the application of the Policy and the Guidelines to a portion of the Regional positions at the ODSP (?the initial positions?); And Whereas OPSEU has raised issues with respect to the application of the Policy and the Guidelines to those positions not captured by the above MOS at the ODSP (?the balance of the positions?); And Whereas the matter was set for hearing on June 24, 2008; And Whereas the parties wish to adjourn the hearing of the issues raised by OPSEU; Therefore the parties agree to adjourn the hearing of the matter on a without prejudice and without precedent basis on the following terms: 1. The parties agree that this matter will be heard on a convenient date in September 2008. 4 2. The Employer agrees that it will complete any remaining Threat Risk Assessments (TRA) for Regional positions in the ODSP as detailed in the Policy and the Guidelines. 3. The parties agree that once any remaining TRAs are completed, the disclosure obligations as detailed in the Board?s Order dated October 26, 2007 apply. The Employer agrees that as part of the disclosure to the Union in this context, it shall provide copies of the affected job specs, as well as a list of affected employees. 4. The Employer agrees that credit checks and reliability checks (as that term is defined in the Policy at page 8) will not be part of the Screening Clearance Check ? General (as that term is defined in the Policy at pages 8-9) for all Regional positions in the ODSP. 5. The Employer agrees that it will send a memo to its Employees in the balance of the positions on or before July 4, 2008 highlighting that the Screening Clearance Check ? General (as that term is defined in the Policy at pages 8-9) will not commence in July 2008 and that once the Screening Clearance Check ? General (as that term is defined in the Policy at pages 8-9) commences, reliability checks (as that term is defined in the Policy at page 8) are not to be part of it. 6. The parties agree that there is a new federal database scheduled to be implemented in July 2008 at the ODSP. The parties agree that between this day of hearing and the next day of hearing, in the event any employee accesses information directly from this database or accesses information indirectly, that is using information in any way extracted from the database, this fact will not be raised by OPSEU in support of its position in this matter nor will it prejudice the Employer in any manner when the hearing of this matter commences in September 2008. 7. The Employer agrees that until it returns to the GSB in September 2008 for the hearing of this matter, it will not commence Screening Clearance Check ? General (as defined in the Policy at pages 8-9) for the balance of the positions. 8. The parties agree that if and when this matter is either settled or decided by the GSB, the Union will not raise the issue of a statutory freeze (as that term is discussed in the Labour Relations Act associated jurisprudence) or a freeze on the terms and conditions of employment in connection with any argument that the Screening Clearance Check ? General (as defined in the Policy at pages 8-9) should not be applied to the balance of the positions in the ODSP. 9. The parties agree that Chair Susan Stewart is seized with respect to the interpretation and implementation of this Settlement. 10. The parties agree that this Agreement is not an admission of liability or wrongdoing on the part of any of the parties. 5 11. The parties agree to meet on a convenient date before the next hearing date at which time they shall discuss issues related to this matter. Dated at Toronto, June 24, 2008. ___________________ __________________ (THE EMPLOYER) (THE UNION)