HomeMy WebLinkAbout2002-0610.OPSEU Union Grievance.02-08-02 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#0610/02
UNION# 02U142
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union Grievance)
Grievor
-and-
The Crown in Right of Ontario
(Management Board Secretariat)
Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Donald Eady
Counsel
Paliare Roland Rosenberg Rothenstein LLP
FOR THE EMPLOYER Leonard Marvy
Senior Counsel
Management Board Secretariat
HEARING July 31, 2002.
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DECISION
In a grievance signed by Ms. L. Casselman dated June 27, 2002, the Union alleges
that the Employer has failed to comply with three Memoranda of Settlement which were
ratified on May 5, 2002. In particular, the Union claims that the Employer has not met its
obligation as set out in paragraph 3 in each Memorandum which provides that
“retroactive adjustments shall be paid as soon as reasonably possible after ratification by
both parties”. Paragraph 3 also provides that any adjustment to the wage rates shall be
paid for all hours worked retroactive to January 1, 2002. The Employer intends to fully
implement the retroactive adjustments on October 10, 2002, and will make an interim
retroactive payment to OPSEU employees on August 1, 2002. The Employer takes the
position that its plan for the retroactive adjustments is reasonable in the circumstances
and that the Union’s grievance has no merit.
At the hearing on July 31, 2002, counsel for the Employer requested that the
hearing be adjourned. After considering the parties’ submissions with respect to the
Employer’s motion, I ruled orally at the hearing that an adjournment was not appropriate
in the circumstances and dismissed the motion. After discussing procedural and other
issues with counsel, it became apparent, having regard to the lateness of the hour and the
number of hearing days required for this proceeding, that the best course was to proceed
with the matter on subsequent hearing dates. Accordingly, the hearing of this grievance
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will continue on Monday, October 28, Monday, November 18, Friday, November 22,
Friday, December 6, 2002, and Monday, January 27, 2003.
Dated at Toronto, this 2nd day of August, 2002.
Ken Petryshen – Vice-Chair