HomeMy WebLinkAbout2000-1388.Walker.01-06-13 DecisionONTARIO EMPLOYÉS DE LA COURONNE
CROWN EMPLOYEES DE L’ONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT RÈGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TÉLÉPHONE: (416) 326-1388
180, RUE DUNDAS OUEST, BUREAU 600, TORONTO (ON) M5G IZ8 FACSIMILE/TÉLÉCOPIE: (416) 326-1396
GSB#1388/00
Union#01B008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Walker)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFORE Richard Brown Vice-Chairperson
FOR THE GRIEVOR Irit Kelman, Counsel Ryder Wright Blair & Doyle Barristers & Solicitors FOR THE EMPLOYER Meredith Brown, Counsel Legal Services Branch Management Board Secretariat
HEARING June 7, 2001.
Decision
Mr. Walker’s grievance, dated November 27, 2000 is comprised of two
parts:
The employer has failed to recognize my full wage in respect of
enhanced severance thereby under paying me.
They have further violated my rights by having me perform the duties
of a youth worker / court liaison while paying me as a driver.
As recorded in a letter, dated December 18, 2000, from Dale Elliot to
the grievor, the first part of the grievance was settled at stage two of the
grievance process by the employer agreeing that “the Custodial Allowance
will be included in the calculation of your termination pay.” I remain seized
of the implementation of this settlement.
As to the second part of the grievance, the employer contends it is
inarbitrable because it deals with a matter of classification. The union does
not contest the position taken by management on this point. In the absence
of any dispute between the union and employer parties to the collective
agreement, I am without jurisdiction to hear the second part of the grievance.
See E. Blake and Amalgamated Transit Union, GSB File No. 1275/87, dated
May 3, 1988.
Dated at Toronto, this 13th day of June, 2001.
Richard Brown, Vice-Chair.
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