GSB# 2003-1822, 2003-3112, 2003-3113, 2003-3114, 2003-3115, 2003-3116, 2003-3117, 2003-3118, 2003-3119, 2003-3120, 2003-3121

UNION# 2003-0447-0013, 2003-0447-0016, 2003-0447-0017, 2003-0447-0018, 2003-0306-0001, 2003-0306-0002, 2003-0306-0003, 2003-0306-0004, 2003-0306-0005, 2003-0306-0006, 2003-0306-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cobb et al.)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources)

Employer

BEFORE

Marilyn Nairn

Vice-Chair

FOR THE UNION

Mark Barclay Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Rhonda Smith Staff Relations Officer Ministry of Natural Resources

CONFERENCE CALL

January 5, 2005.

Interim Order

A number of grievances have been referred to arbitration (File nos. 2003-1822 and 2003-3112 to 2003-3121 inclusive). They all involve an interpretation of Article 32.5 of the collective agreement as it relates to the offering of employment contracts in Algonquin Park for summer seasonal work for 2003. The parties attempted to mediate a settlement of the matters but so far have been unsuccessful. Those grievances are before me. There may also be additional files from 2003 which the parties may need to identify to the Board as raising the same issue. I have been advised by the parties that grievances have also been filed with respect to the same issue for the 2004 season. Those grievances are to be advanced to arbitration and the parties will likely seek to consolidate the hearing of all the files.

The employer seeks particulars of the 2003 grievances. During a conference call during which I heard the representations of the parties, I directed the union to provide full particulars of those grievances. I hereby confirm that order. The union is to provide full particulars of the 2003 grievances, and without limiting the generality of the foregoing, those particulars shall address the following:

1. The provision(s) of the collective agreement alleged to have been violated;

2. The specific remedy(ies) being sought by the union. This shall include particulars as to how the union alleges the various contracts should properly be offered within the terms of the collective agreement;

3. The union has alleged that "(e)ven after the filing of these grievances management has offered temporary assignments and contract extensions based on seniority across the Park". The union is to provide particulars as to the position(s) and person(s) involved and particulars as to when these assignments or extensions occurred.

4. Any and all particulars regarding past practice upon which the union intends to rely.

5. Whether the union is asserting that any and all RT2 positions within Algonquin Park are the "same position" under Article 32.5 of the collective agreement. For example, is a Junior Ranger Sub-supervisor the "same position" as an Interior Park Warden? This information will also assist the parties in determining any appropriate third party notices that need to be sent in advance of arbitration.

6. Whether the union is asserting that Algonquin Park is one work location, or whether it is asserting that there is more than one work location within the park boundaries. If the latter, those work locations are to be identified.

7. Whether the union is asserting, and if so, full particulars of the nature and basis of rights and entitlements of seasonal employees to temporary assignment based on seniority.

These particulars are to be forwarded by the union to the employer's representative by no later than Friday, January 21, 2005.

The employer also made a request for particulars in respect of the 2004 grievances. That request may need to be addressed if the particulars for the 2003 grievances do not identify all of the issues arising in the 2004 grievances and once those grievances have been consolidated for hearing.

Dated at Toronto, Ontario this 10^th day of January, 2005.