HomeMy WebLinkAbout1987-1621.Dollin.89-07-27EMPLoY.ss DE LA COURONNE DE “oNTARI* COMM,SS,ON DE
SE-KLEMENT RkGLEMENT
DES GRIEFS
Between:
Before:
IN THE MTTER OF AN ARBITRATION
Under
Before
TRE GRIEVANCE SETTLEMENT BOARD
TELEPHONE/TELEPHONE ,rrs, 5smeas
1621/87
OPSEU (Dollin) Grievor
- and -
For the Grievor:
POK the Employer:
Eearinq:
The Crown in Right of Ontario (Ministry of Government Services)
Employer
N. Dissanayake Vice-Chairperson
P. Rlym Hemher
D. Walkinshaw Hemher
D.I. aloom Counsel Cavaluzzo, Hayes & Lennon
Barristers & Solicitors .*
P. Young
Counsel Winkler, Filion & Wakely
Barristers & Solicitors
May 31, 1989
2
DECISION
This is a classification grievance dated January 26. '
19E7. At the commencement of the hearing, Counsel for the
grievor advised the Board that subsequent to the fiilng of
the grievance the grievor had resigned from the government
services in Aprii 1988, and that the union had been unable to
locate the grievor despite considerable efforts to do so. In
the circumstances, the union was not in a position to proceed
with the hearing. Counsel informed the Board that the
Employer is of the view that the grievor had withdrawn this
grievance prior to his resignation. The only comment he had
about that is that no documentation indicating a withdrawal
was found in the union's file relating to this grievance.
The Board indicated that in the circumstances, and in the
absence of a motion for adjournment, it was inclined to
dismiss the grievance for lack of prosecution, but invited the
Counsel for the Employer to tender his position.
Counsel's position was that the grievance had been
withdrawn and he sought leave to establish the withdrawal
through a witness. A hand written document was tendered
through the witness Mr. Adolf Crankovic, who was the grievor's
supervisor at the time. The note reads: "I Gerald A. Dollin
in good faith withdraw all grievances up to November 12.
1987". and is legibly signed "Gerald A. Doilin". Mr.
3
Crankovic testified that on November 12, 1987, the grievor
walked into his office and handed this document and stated
words to the effect that Mr. Crankovic had been good :o :he
grievor and had got him more money and that as a result the
grievor had decided to withdraw ail grievances against the
Ministry. Mr. Crankovic testified that the comment about
getting more money was a reference to the upgrading of the
grievor's position in October, 1987, from a Clerk II to a
Clerk III. The Board has compared the signature on the
lettter of withdrawal with the signature of the grievor on the
grievance form and they look remarkably similar.
In light of the evidence before us, the Board is
satisfied that the grievance before us had been withdrawn by
the grievor and that accordingly we have no jurisdiction to
entertain the same.
Dated this 27th day of July, 1989 at Hamilton, Ontario
Nimal V. Dissanayake
Vice-Chairperson
I Member