GSB#0965/00; 1020/00; 0735/01; 0748/01; 0284/02; 0285/02; 0286/02; 0287/02; 0288/02; 0289/02; 0290/02; 0291/02; 0292/02; 0293/02; 0294/02; 0295/02; 0296/02; 0981/02; 1019/02; 1494/02
UNION#000D369; 00D368; 00D370; 00D371; 00D372; 00D373; 00D374; 00D375; 00D376; 00D377; 00D378; 00D379; 00D380; 00D381; 00D382; 00D391; 01B250; 02A358; 02A363; 02A364; 02A365; 02A366; 02A367; 02A368; 02A369; 02A370; 02A461; 02A462; 02A478; 02A479; 02A480; 02A481; 02A482
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Crawford et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Transportation)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Ed Holmes Ryder Wright Blair & Doyle Barristers and Solicitors
FOR THE EMPLOYER
Carol Ann Witt & Stephen Patterson Counsel Management Board Secretariat
HEARING
September 30, 2002; January 17, February 6 & 21, March 3 & 4, 2003.
AWARD
The grievances which comprise GSB File No. 0965/00 are some dozen in number. Those grievances, however, were but the front edge of a formation of some 85 grievances each raising similar if not identical issues.
The parties agreed to consolidate all of these grievances to be dealt with together in the course of these proceedings. Attached as Appendix “A” to this decision is a listing of all of the grievances determined by this award.
Thus, the parties agreed that jurisdiction be conferred upon me to dispose of all of the grievances listed in Appendix "A”. They also explicitly agreed that these proceedings were to be conducted under the terms of Article 22.16, the “Mediation/Arbitration Procedure” provisions of the collective agreement. As a consequence, unless the parties otherwise agree, this decision will have no future precedential value.
The parties also requested that I issue a concise and expeditious award without reasons.
Although there may be an issue as to what extent the grievances actually disclose this intention, the union asserted that these grievances challenge the propriety of the implementation of various aspects of the employer’s “underfill” policy in relation to the Transportation Enforcement Officer (“TEO”) classification series. More specifically, but without getting into any intricate detail, the employer has been including a notation in its postings for new or vacant TEO 2 positions (and there have been a significant number of such postings in the last few years) indicating that “less qualified applicants will be considered on an underfill basis”. Further, when such an underfill hiring has been effected (and, again, there have been a significant number of such appointments over the last few years), the employer has remunerated the successful “underfills” in the TEO 2 competitions at the lower TEO 1 rate – at least until such time as they were viewed as having become fully qualified for the TEO 2 position.
During the course of these proceedings the parties were successful in drafting and executing a Memorandum of Settlement which included a protocol to govern the future filling of TEO positions.
However, while they were thus effectively able to resolve the issues raised by these grievances on a “going-forward” basis, they were not able to agree on the amount of compensation to be received by each of the grievors.
Having reviewed the documentary materials filed in these proceedings and having considered the able submissions of the representatives of the parties, I hereby direct the employer to pay the sum of $1000.00 (less any statutorily required deductions) to each of the grievors listed in Schedule “A”.
I note, further, that while the parties were confident that following the consolidation of all these various grievances, there were no other outstanding grievances raising the same issues as those resolved by this Order, neither could they be absolutely certain in that regard. However, the parties clearly wished to extinguish any need for further litigation of the issues resolved by their protocol and this Order.
In those circumstances and having further regard to the joint submissions of the parties on this point, I hereby direct as follows.
Any grievor listed in the attached Schedule “A” who takes the position that his/her grievance raises issues different than those resolved by this order and who wishes to pursue those issues is hereby directed to so advise the union within 30 days of the date of this order and to waive any entitlement to a payment under the terms of this Order, pending a hearing into the merits of their grievance. Within 15 days of being notified of any such claim, the union will, in turn, notify the employer.
It shall be open to either party at a hearing into any such claim to argue that the grievance raises the same issue as that resolved by this Order and if that is found to be the case, the grievor shall be entitled to the benefits of this Order. In the event it is found that the grievances raises other issues, the grievor shall not be entitled to the benefits of this Order.
Finally, and again having regard to the agreement of the parties on this point, I hereby direct that any employee, other than those listed on Appendix “A”, who has filed a grievance in writing through the Union prior to the date of this Order shall, where the grievance raises the same issues as those resolved by this Order, be covered by the terms of this Order.
I repeat, that under the terms of this Order, the employer is hereby directed to pay the sum of $1000.00 (less any statutorily required deductions) to each of the grievors listed in Appendix ”A”.
Dated at Toronto this 25th day of March 2003.
APPENDIX “A”
Grievors
OPSEU #
Grievance Date
GSB #
1
Crawford, David
00D369
12-Aug-00
0965/00
2
Leitao, Antonio
00D370
11-Aug-00
0965/00
3
Dietz, Jennie
00D371
11-Aug-00
0965/00
4
Walters, Robert
00D372
11-Aug-00
0965/00
5
Brousseau, Debbie
00D373
12-Aug-00
0965/00
6
Ricketts, Gord
11-Aug-00
0965/00
7
Dotzko, Shaun
00D374
11-Aug-00
0965/00
8
Dodwell, Hugh
00D375
11-Aug-00
0965/00
9
Steele, Mike
00D376
12-Aug-00
0965/00
10
Ferlatte, Steven
00D377
10-Aug-00
0965/00
11
Armstrong, Gary
00D378
11-Aug-00
0965/00
12
Delmore, Amy
00D379
11-Aug-00
0965/00
13
Saunders, Susanne
00D380
0965/00
14
Barkley-McKeeman, Laura Ann
00D381
11-Aug-00
0965/00
15
Card, Bryan
00D382
15-Aug-00
0965/00
16
Cameron, Carolyn
00D391
12-Aug-00
1020/00
17
Cormier, Chantal
00D391
11-Aug-00
1020/00
18
Donohue, Travis
00D391
11-Aug-00
1020/00
19
Dufour, Michael
00D391
11-Aug-00
1020/00
20
Stewart, Joann
00D391
12-Aug-00
1020/00
21
Thomas, Stephen
00D391
12-Aug-00
1020/00
22
Vanwieren, Kenneth
00D391
12-Aug-00
1020/00
23
Bedard, Brian
00D391
11-Aug-00
1020/00
24
Hickey, Michael
00D391
28-Aug-00
1020/00
25
Reville, Millie
01B250
14-Jun-01
0735/01
26
Sheriff, Scott
21-Jun-01
0748/01
27
Group - Grice, Brent
02A358
30-May-02
0284/02
28
Group - Armstrong, Daniel
02A358
30-May-02
0284/02
29
Group - Sheriff, Matt
02A358
30-May-02
0284/02
30
DiMola, Frank
00D369/368
6-May-02
0285/02
31
Hames, Brian
00D369/368
6-May-02
0286/02
32
Stasiw, Roman
00D369/368
6-May-02
0287/02
33
Peios, Peter
00D369/368
7-May-02
0288/02
34
Kaseloo, Karl
02A363
11-Jan-02
0289/02
35
Jamieson, Gary
02A364
21-Dec-01
0290/02
36
Gee, John
02A365
4-Jan-02
0291/02
37
Jansen, Mike
02A366
4-Jan-02
0292/02
38
Stewart, Corey
02A367
4-Jan-02
0293/02
39
Egan, R.
02A368
4-Jan-02
0294/02
40
Johnson, Ivor
02A369
4-Jan-02
0295/02
41
Ventura, Dan
02A370
4-Jan-01
0296/02
42
Deisley, Jim
02A461
22-May-02
43
Middleton, Randall
02A462
21-May-02
44
Group - Rei, Sandra
4-Jan-02
45
Group - Leeman, Jason
4-Jan-02
46
Group - Byham, Chuck
4-Jan-02
47
Group - Powrie, John
4-Jan-02
48
Group - Rainville, Serge
4-Jan-02
49
Austin, Chris
02A478
27-May-02
50
McDonald, Ryan
02A479
29-May-02
51
Pask, William
02A480
28-May-02
52
Wootton, Ken
02A482
27-May-02
53
Wootton, Jeff
02A481
23-May-02
54
Jones, Scott
3-Jun-02
0981/02
55
Malloy, Daniel
27-Dec-01
1019/02
56
Group - Bonner, Mark
10-May-02
1494/02
57
Group - Grieves, Mike
14-May-02
1494/02
58
Group - Hudak, Joe
14-May-02
1494/02
59
Group - Reid, Linda
13-May-02
1494/02
60
Group - Wild, Brent
11-May-02
1494/02
61
Group - Whan, Stephen
13-May-02
1494/02
62
Group- Perisic, Sandi
13-May-02
1494/02
63
Group - Pailey, Marnie
13-May-02
1494/02
64
Group - Greenidge, Tyrone
16-May-02
1494/02
65
Yalaka, Frank
22-Jul-02
66
Varrall, Mathew
27-Mar-02
67
McEwan, Rodney
27-Mar-02
68
Davies, Chris
27-Mar-02
69
Dolenec, Susan
27-Mar-02
70
Curran, Joe
26-Mar-02
71
Harding, Glenn
26-Mar-02
72
Virgoe, Derek
26-Mar-02
73
Kirchner, Jim
26-Mar-02
74
Leadley, Robert
27-Mar-02
75
Mercanti, David
27-Mar-02
76
Sharpe, Heather
26-Mar-02
77
Peshko, Michael
8-Apr-02
78
Gallagher, Ian
30-Mar-02
79
Alexander, Brent
8-Apr-02
80
Mills, Michele
30-Mar-02
81
Eustace, Erik
8-Apr-02
82
Halliwell, Dave
3-Apr-02
83
Ansara, Harry
3-Apr-02