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HomeMy WebLinkAbout1988-0117.Goreski.90-02-01 ONTARs. O ;MPLOY~S DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 780 DUNDAS STREET WEST, TORONTO, ONTARIO. MSG ;Z$- SUITE 2100 TELEPNONE/T~-'L~_'pHONE faO, RUE DUNDAS OUEST, TORONTO, (ONTARIO) MSG IZ8 - BUREAU 2100 (416t 598-0688 0117/88 IN THE MATTER OF AN ARBITRATION under THE CROWN EMPLOYEES COLLECTIVE BA/{GAINING ACT Before TEE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Goreski) Grievor - and - The Crown in Right of Ontario (Ministry of Revenue) Employer Before: D.H. Kates Vice-Chairperson J. Solberg Member D. Montrose Member For the Grievor: D. wright Counsel Ryder, Whitaker, Wright and Chapman Barristers & Solicitors For the Employer: R. Atkinson Counsel Hicks Morley Hamilton Stewart Storie Barristers & Solicitors Bearing: October 3, 1989 Decision At the outset of the hearing the employer's counsel requested an adjournment of the proceedings which reguest was opposed by the trade union. After entertaining the parties' representations the Board ' granted the adjournment in order to enable counsel to prepare written representation on the two legal issues pertaining to the Board's jurisdiction to entertain Mr. Goreski's complaint. It was understood that those written representations would address specifically the Board's yet to be released decision in Be~esford. It is anticipated that that decision will deml with the "major" jurisdictional issue that the parties are to argue before this Board. Accordin~lyt Counsel are directed in their written representations to address the issue of whether or not the result in Beresford (omce released) is "manifestly wrong". In consultation with the Board the parties agreed to adhere to a fixed schedule for making their written representations. For purposes of the record, the employer advised that it was no longer asserting that Mr. Goreski properly fell within any of the three groups or categories defining an "unclassified" temporary employee under Section 6(1) of The Regulations to Public Servioe Act, Accordingly, the pro~eed£ngs were adjourned. Dahed this tst :b~¥ of February, 1990. [/ David Il. Kates, Vice-Chairperson J. Solberg, Member D. ~ontrose, Member Addendum from: Janet Soiberg Union Nominee Re: OPSEU and Ministry of Revenue Grievance of Goreski 0117/88 I obviously concur in this award since it accurately represents an agreement of the parties to adjourn the proceedings. Having said that, I'm not at all sure why this agreement became cause for an interim decision, although granting an adjournment seems fairly innocuous, in fact, it merely adds another statistic to the box score of continuations and adjournments which have plagued the debate on this matter.