November 28, 2007 at 12:00 AM
Letter from District Chairperson Chuck Telky to CAW members at ORNGE
Brothers and Sisters,
In September of this year the Union contested with Ornge the awarding of a job posting. We alleged; the company did not award the posting as per the agreed upon LOU#15. A grievance was filed. The parties agreed to fast track the matter to arbitration. Both parties identified that this could have serious ramifications beyond this one job posting if the issue was not dealt with expeditiously. This was due to the unprecedented movement of our members over the next few years with the new Hub and Spoke bases and the Thunder Bay Fixed Wing base soon to be opening.
Within a short period we had moved the issue from a Step 1 of the grievance process to arbitration. With the assistance of the Local, we managed to secure the date of Nov. 8, 2007 for our grievance to be heard in front of Arbitrator M. Teplitsky. There were two components to the grievance;
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The member who originally filed the grievance must be awarded the position.
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An interpretation of the LOU for future postings.
On November 8th we met in front of Arbitrator Teplitsky and argued the matter. The company identified several concerns one of which was, what happens if a lower qualified member were to be awarded a posting, and a level of care could not be maintained at a specific base. After a full day of discussion, Arbitrator Teplitsky asked both sides to agree to further discussions together in order to try to resolve the matter independent of him. He would however remain seized of the issue in the event that we could not come to a mutual agreed upon settlement. Arbitrator Teplitsky did order the individual grievor to be moved to the base that he had originally applied for. Additionally, the member who was originally awarded the posting was to remain at the base with their full time employment status.
Subsequent to the arbitration we have recently completed two days of negotiations discussing these issues. As a result, we have agreed to language ensuring LOU # 15 remains intact. We have agreed to further clarify the language as it relates to the “Selection” process. Language has been added to include the senior part-time member in the next lower qualification.
In addition to this, we have outlined the process and specified the time frames if the awarded member did not meet the designation of the certification level posted.
We have also added a new position called the “Floater Position”. This position will allow the base to facilitate the level of care necessary to function while the awarded member has time to be trained to the higher level. Therefore, when the awarded member moves to his/her position, the Floater member will still retain full-time employee status.
Additional dates are scheduled to continue talks on such issues as, Hub and Spoke and Multi Base Swing position(s). I believe the language that has been created benefits our members greatly and eliminates any confusion or difference of opinion related to this LOU. This will allow our members to move forward on this issue.
In Solidarity,
Chuck Telky
Chairperson, District 344
cc.Julie Merko, Bargaining Committee Member – South
Bill Lewis, Bargaining Committee Member - North
Ashley Watkins, Executive Assistant – East
Ron Smith, National Representative
[Copy of Amended LOU 15]