HomeMy WebLinkAbout1988-0625.Alam.86-12-07 ONTAF~IO EMPLOYES DE LA COURONNE
CPO WN EMPL 0 YEES DE L'ONTA F~IO
GRIEYANCE C~OMMiSSlON DE
SETTLEMENT REGLEMENT -
BOARD DES GRIEFS
180 DUNDA~ STREET WEST, TORONTO. ONTARIO. M5G 1Z8-SUITE2100 TELEPHONE/T£L~PI'~ONE
180, RUE DUNDAS OUEST. TORONTO, (ONTARIO) MSG IZ8 o BUREAU 2?O0 (416J 598-0688
625/88
IN THE MATTER OF AN ARBITRA?ION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between: OPSEU (M. Alam)
Griever
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
Before: D. Kates Vice-Chairperson
P. Klym Member
D. Wa]kinshaw Member
For the Griever: Neil Wilson
Counsel
Gowling & Henderson
Barristers and Solicitors
For the Employer: Stephen Patterson
Legal Services Branch
Community & Social Services
For the 3rd Party: Bill Nolin
55 St. Clair Ave. E.
Suite 625
HEARINC: November 24, 1988
DECISION
The employer, having regard to the agreed facts,
established a prima facie case of a breach of the time
limits under Article 27.2.2 of the co]lectlve agreement
with respect to the presentation of the grievor's
grievance.
The trade union has provided no evidence upon which a
findin.g could be made with respect to a waiver by the
employer of the mandatory time limits for the
presentation of the grievance,
Moreover, even assuming but without finding that the
decision in Re: 0PSEU (P. $inGh) and the Crown in Right
of 0nta'~io (Ministry of Transportation) dated 3uly 22,
1988 (Fisher) represents a ~ound interpretation of the
relevant provision of the collective agreement there
under consideration, the case before us is clearly
distinguishable on its facts from the foregoing
precedent.
According/y, the grievance is denied for want of
jurisdiction,
Dated at TOronto this 7th of December, 1988.
D. Kate$, Vice-Chairperson
P, Klym, Member
D. Wa~ktnsbaw, Memb.r