HomeMy WebLinkAbout1988-0143.Pires.88-09-13,.,, : ~ "~. ONTARIO
,... ~ .~ .. ', CROWN EMPLOYEES
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GRIEVANCE
SETTLEMENT
BOARD
180 DUNDAS STREET WEST, TORONTO, ONTARIO. MSG IZ8 - SUITE 2100 TELEPHONE: 416/598.0688
Ot 43/88
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between:
OPSEU (Clara Pires)
Grievor
and
The Crown in Right of Ontario
(Ministry of Health)
Employer
Before: B.B. Fisher Vice-Chairman
H. O'Regan Member
G.J. Milley Member
For the Grievor: D. Wright
Counsel
Gowling and Henderson
Barristers and Solicitors
For the Employer: M. Quick
Counsel
Legal Services Branch
Ministry of Health
Hearing: August 12, 1988
DECISION
This case involves a grievance filed by Ms. Pires in which she alleges that she was
disciplined in January, 1988 by means of a demotion.
The employer raised a preliminary objection that the Board had no jurisdiction to
review this matter because of Section 18 (1)(a) of The Crown Employees Collective Bargaining
Act which makes the "complement, organization and assignment" of the work place an
exclusive management right. However, it appeared that the Union was alleging that the
change in position of the gfievor was a form of disguised discipline and therefore, the Board
decided to hear evidence on the issues before ruling on the preliminary objection.
Insofar as the employer was denying that the actions it took constituted discipline, it was
agreed that the onus of proof was in/t/ally upon the Un/on to show that there was discipline.
The employer agreed at the onset of the case that if there was discipline, they would not be
claiming that there was any just cause for such discipline.
Complete oral reasons on the merits of the case were given on August 12, 1988 and,
on the consent of the parties it was decided that it was not necessary to repeat the findings
of fact in a written award.
The grievance is ther~dismissed~
Dated this 13th ~t~0~f. September, 1988.
/~.~'.,~ ,l~r~4sher, Vice Cllairman
U. Milley, Memt~er