HomeMy WebLinkAboutSaturley 93-05-25 BETWEEN:
~GONQ~ COLLEGE
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
- Grievance of Anne Saturley
BOARD:
MARTIN TEPLITSKY, Q.C.
Chairman
JAMES R. DALZELL
College Nominee
RON COCHRANE
Union Nominee
APPEARANCES:
On behalf of the
Union: Michael Lynk, Counsel
On behalf of the
College: Barry Brown, Counsel
Hearing held in Ottawa on Friday, May 21, 1993.
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AWARD
The grievor atter' ~ Memorial University in Newfoundland
and achieved a B.A. degree in 1975. She had previously completed
her Junior Matriculation (Grade XI). Her B.A. was granted after 40
credits. 45 Credits are required for an Honours B.A. Her B.A. is
the equivalent of a 3-year B.A. in Ontario.
The grievor alleges that she has a 4-year Canadian
University degree and is entitled to be paid at Step 16.' She is
currently at Step 15.
The argument advanced on her behalf is that because she
has a 4-year Canadian University Degree, she has satisfied the Step
16 requirement which provides:
"Step 16 26,784 Maximum salary - 4 year Canadian
University Degree or more; C.G.A.;
P. Eng; C.A. or R.I.A."
This language is contrasted with earlier (pre 1976-77)
language which read:
"Step 16 25,400 Maximum salary - 4 years Honours
University Degree or more or C.G.A.
P.Eng., C.A., or R.I.A."
The purpose in this language change, it is submitted, was
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to remove the "Honours" requirement and to provide access to Step
16 to persons such as the grievor.
The employer submits that the purpose of the change may
have been to recognize 4-year degrees - for example, in Engineering
which did not attract an "Honours" designation.
The employer also refers to the following statement in
the Classification Plan found at pg. 107 of The Collective
Agreement. (par. B, first paragraph)
"Formal qualifications are those which
constitute the norm in institutions of post-
secondary education int he Province of
Ontario. Only full years of post-secondary
education at successively higher levels, and
leading to a diploma, professional
accreditation or degree, are recognized. For
example, a graduate of a three-year technology
program in a College would be given 1 1/2
points for each of the three years, regardless
of the length of time actually spent by the
individual in obtaining the diploma."
Step 15 provides:
"24,625 Maximum salary - 3 year C.A.A.T. Diploma or
General Pass University Degree
In my opinion the language change could not have been
intended to recognize a 4-year degree which is only the equivalent
of a 3-year Ontario degree because the result is patently unfair to
those educated in Ontario.
The employer's submissions are entitled to prevail. The
grievance must be dismissed.
DATED the 25th day of May, 1993.
MART
Chairman
JJ~d~i E S R.
Col~~m~
~nion