Decision City of Winnipeg & WAPSO, Local 162 Policy Grievance

WAPSO members,

The Arbitrator has provided a decision on the policy grievance filed by WAPSO regarding Schedule J.

The Arbitrator ALLOWED the grievance in part and made a declaration that the City was in violation of Schedule J in the following respects:

The Arbitrator ALLOWED the grievance in part and made a declaration that the City was in violation of Schedule J in the following respects:

1. Failure to consult with WAPSO on the changes to the 2011 Voluntary Reassignment Form made after the February 15, 2017 meeting between the parties;

2. Conflating of the terms reassignment and redeployment in the election contained in the Voluntary Reassignment Form;

3. Failing to focus the request to make the election for reassignment to those employees who were likely not to be continuing in their home positions.

Further, the Arbitrator declared that the City was in violation of both Schedule J and of the duty to act reasonably in the administration of a collective agreement under Section 80 of the Act in the manner in which employees who did not respond to the initial request to submit the Voluntary Reassignment Forms were approached, including the repeated mentioning of the prospect of lay off and the language of follow up communications.

Finally, the Arbitrator declared the City was in violation of both Schedule J and of the duty to act reasonably created by Section 80 of the Act in not allowing, facilitating and/or communicating the right of employees in the WAPSO bargaining unit to change their minds once the form was submitted.

The Arbitrator did not award damages as requested by WAPSO.

The full arbitration decision is available for members to review. Given the length of the decision, please provide your home/personal email address if you would like to be sent a copy of the decision.

Note: Bolded emphasis added by WAPSO.