HomeMy WebLinkAbout1986-0777.Sabo.90-03-076:;
ONTARIO EMPLOY&DE LA COURONNE
cFowN EMPLOYEES DEL’ONTARIO
GRIEVANCE CQMMISSION DE
SEllLEMENT REGLEMENT
BOARD DES GRIEFS
BETWEEN:
BEFORE:
FOR TAE
GRIEVOR:
IN TEE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
TEE GdIEVANCE SETTLEMENT BOARD
FOR TBE
EMPLOYER:
HEARING:
OPSEU (Sabo)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community & Social Services)
N.V. Dissanayake
W. Shipman H. Roberts
Employer
Vice-Chairperson
Member
Member
R. Wells
Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
S. Patterson
Counsel Legal Services Branch
Ministry of Community &
Social Services
February 7, 1990
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DECISION
This is a classification grievance. By decision dated
December 14, 1988, the Board found that the grievor was
improperly classified as Clerk 5 (General). The Board
directed that the grievor's position be properly classified
and that the new classification should be retroactive to
February 14, 1983. The Board remained seized for purposes of
determining the appropriate classification and in the event
that the parties encounter difficulties in the interpretation
or implementation of its decision.
The matter came back before the Board on February 7, 1990
because the parties had been unable to agree upon the
implementation of the Board's decision.
However, during the course of the hearing on February 7,
1990, the parties engaged in discussions and were able to
agree that the proper classification pursuant to the Board's
decision is as OAG12. The parties requested that the Board
make an order in accordance with its agreement. The grievor
further indicated that she was withdrawing the grievance in
GSB file no: 2134186 as part of the agreement.
The only issue that remained in dispute was whether the
grievor was entitled to interest on the monies owed to her as
3
a result of the retroactive reclassification.. After receiving
submissions on the issue the Board ruled orally that there was
no reason not to award interest.
Having regard to the foregoing, the Board makes the
following order:
(a) The Employer is directed to forthwith reclassify the
grievor's position as OAG12.
(b) The grievor shall be paid interest on monies owed
to her as a result of her retroactive reclassification, in
accordance with the calculations set out in Hallowel House
Limited (1980) OLRB Rep. Jan 35
(c) The grievance in GSB file no. 2734186 is withdrawn.
In accordance with the agreement of the parties the Board
remains seized in the event the parties cannot agree upon the
implementation of the Board's order.
Dated this ‘&?l day of March, :' 1990 at Hamilton, Ontario
Nimal V. Dissanayake
B. Roberts
Member