HomeMy WebLinkAboutUnion 91-03-06 IN THE MATTER OF AN ARBITRATION
BETWEEN :
ONTARIO COUNCIL OF REGENTS FOR THE COLLEGES
OF APPLIED ARTS AND TECHNOLOGY
(ALGONQUIN COLLEGE)
- and --
ONTARIO PUBLIC SERVICE EMPLOYEES ~NION
(FOR ACADEMIC EMPLOYEES)
- Grievance No. 90C350
BOARD:
Martin Teplitsky, Q.C.
Arbitrator
Gary Majesky
Nominee for the Union
David Guptill
Nominee for the College
APPEARANCES:
On behalf of the
Union: Robert J. Healey, Counsel
On behalf of the
College: Stephen Fo Gleave, Counsel
Hearing held in Ottawa on March 1, 1991. '
AWARD
The grievance alleges an abuse by the College of its use
of sessionals in the Department of Sciences Infirmi~res. The
relief sought at the hearing was a declaration and payment of
Union dues.
At the present time this department does not exist at
Algonquin College. It was transferred to La Cit~ College. La
Cit~ College is not a party to this arbitration and was not
represented at this hearing. Apparently, there is an outstanding
grievance there relating to the same issues.
I suggested that, if the intention was to bind La Cit~ by
any declaration we might make, that it would be necessary to serve
them with notice of these proceedings. Because this course of
action would have required an adjournment and its propriety was
not conceded, the Board concluded that it would be better to
proceed and to make it abundantly clear that our decision does
not bind La Cit~. Moreover, to avoid any potential for prejudice,
we have decided to deliver a brief award which is largely
conclusory in its terms.
In this Board's opinion, a declaration should issue that
the employer was in violation of the Collective Agreement in its
use of sessional teachers.
The evidence was not sufficiently precise to permit a
determination of the union dues which might be payable. The
amounts, in any event, would not justify the effort to prove these
and this claim is dismissed.
DATED the 6th day of March, 1991.
Chairman
GARY MAJESKY
Union Nominee
College Nominee