GSB# 2002-1928
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and Professional Crown Employees of Ontario (Policy Grievance)
Grievor
- and -
The Crown in Right of Ontario (Management Board Secretariat)
Employer
BEFORE
Richard Brown
Vice-Chair
FOR THE UNION
Michael Mitchell Sack Goldblatt Mitchell Barristers and Solicitors
FOR THE EMPLOYER
David Strang, Acting Associate Director, Mary-Pat Moore, Counsel, Management Board Secretariat
HEARING
July 14, 2004.
Decision
The following directions apply to positions at the Ministry of Health:
For the positions listed in the letter attached to this decision as Appendix “A”, the employer shall forthwith comply with the production order issued on March 29, 2004.
Where the employer contends a position involves work of the type done by OPSEU members, this contention shall not negate any of the employer’s disclosure obligations.
Where the employer contends a position existing on the baseline date ceased to exist before the date for disclosure, this contention shall not negate any of the employer’s disclosure obligations.
Where the association has claimed a position and the employer has disputed this claim, the employer shall by August 6, 2004 state its position as to:
whether the position involves the type work done by AMAPCEO members;
whether the person holding the position is an employee of the ministry; and
if said to be an employee, whether the person is excluded from the bargaining unit.
- The association shall endeavour to provide its response to the employer’s position by September 10, 2004.
Dated at Toronto this 19th day of July 2004.
Appendix “A”
Ministry of Health and Long-Term Care
Ministère de la Santé et des Soins de longue durée
Human Resources Branch 2nd Floor, 5700 Yonge Street Toronto ON M2M 4K5 Telephone: (416) 326-5987 Facsimile: (416) 327-4482
Direction des ressources humaines 2e étage, 5700 rue Yonge Toronto ON M2M 4K5 Téléphone: (416) 326-5987 Télécopieur: (416) 327-4482
BY E-MAIL
WITHOUT PREJUDICE
July 16, 2004
Vice-Chair Richard Brown Grievance Settlement Board Suite 600, 180 Dundas Street West Toronto, Ontario M5G 1Z8
and
Mr. Michael Mitchell Sack Goldblatt Mitchell Suite 1130, 20 Dundas Street West P.O. Box 180 Toronto, Ontario M5G 2G8
Dear Vice-Chair Brown and Mr. Mitchell:
RE: AMAPCEO and the Crown in Right of Ontario Grievance Settlement Board File No. 1928/02
Ministry of Health and Long-Term Care
Further to the agreement reached by the parties regarding disclosure from the Ministry of Health and Long-Term Care, please find below a list of the disclosed positions and correlating program areas within the Ministry of Health and Long-Term Care for which complete disclosure, in compliance with the Grievance Settlement Board order dated March 29, 2004, has not been received as of July 15, 2004. Specifically, the March 29th order required the employer to produce to the association by April 26, 2004:
Any contract or secondment agreement for an individual, and
If such a contract or agreement does not exist or does not describe the work performed by an indivudal, a job specification or any other document containing a description of this work.
Such documents need not be provided for any individual whom the employer concedes should be treated as a member of the bargaining unit.
Binder 1
Hospitals Branch
A job description or source document containing same has not been received for:
File no. 2-31 (IBM Consultant )
Long Term Care Facilities Branch
A job description has not been received for:
File nos. 2-53 (Legislation Consultant); 2-54 (Senior Policy Analyst); 2-55 (Records Manager; 2-56 (Research Analyst); 2-57 (Information Officer; and 2-58 (Licensing Clerk)
Binder 2 – Provincial Psychiatric Hospitals
Whitby Mental Health Centre
A job description or source document containing same has not been received for (positions not assigned file numbers):
Physician
Nurse Practitioner
Psychiatrist
Psychiatrist-in-Chief
Staff Psychiatrist
Patient Council Facilitator
Pianist
Sessional Chaplain
Worship Leader
WMHC Security Services
Psychologist
Due to the short time frame available to respond to the Board’s request, should the Employer find additional positions for which disclosure compliant with previous Board orders has not been received, I will notify the Board and AMAPCEO.
Should AMAPCEO determine, upon receipt of this letter, not to claim any of the aforementioned positions, the Employer kindly requests the association to notify Mary Pat Moore or Aimee Ableman at their earliest convenience.
Please advise if you have questions regarding this information.
Yours truly,
Original signed by Aimee Ableman
Aimee Ableman Employee Relations Consultant Ministry of Health and Long-Term Care
c: Gary Gannage, President, AMAPCEO David Strang, Senior Counsel, Legal Services Branch, Management Board Secretariat Mary Pat Moore, Counsel, Legal Services Branch, Management Board Secretariat Stephen Jarvis, Manager, Corporate Relations, Ministry of Health and Long-Term Care Michele Migus, Corporate Staff Relations Officer, Negotiations Secretariat, Management Board Secretariat