HomeMy WebLinkAboutPlummer 88-07-20 BETWEEN:
ONTARIO COUNCIL OF REGENTS FOR COLLEGES
OF APPLIED ARTS AND TECHNOLOGY
(LOYALIST COLLEGE)
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(FOR ACADEMIC EMPLOYEES)
- Grievance of H. Plummet (87L37)
BOARD:
Martin Teplitsky, Q.C.
Chairman
Allen Merritt
Ed Seymour
APPEARANCES:
On behalf of the Union: Ross Wells, Counsel
On behalf of the Company: A. Burke, Counsel
Hearing held March 21, 1988 in Toronto.
For a number of years the grievor has obtained
indeterminate leaves of absence for central negotiations as a
result of which he has been unable to take his annual
vacations and by the end of this year approximately 114 days
of vacation will have accumulated. The grievor asked that
part of these 114 days be paid out in cash. The employer
refused. The grievor alleges that the refusal is based on
discrimination for union activity.
Suffice to say, having heard the evidence, and
having read the documents and having heard the arguments, I am
satisfied that there was no discrimination. Miss Burke
submits that the grievance should be dismissed if there was no
discrimination. In our opinion the claim based on
discrimination must be dismissed.
The basic problem between the parties relates to the
grievor's obtaining his vacation entitlement both past and
future.
What is reasonable q~ Mr. Plummer and his
accumulation of vacation cannot be determined at this time.
The current negotiations are not concluded. When he can
return to work is unknown. I would have adjourned the matter
sine die pending the employer's determination of the grievor's
vacation periods including his entire accumulation, such
determination to be made forthwith after the grievor's leave
of absence terminates. If this determination did not satisfy
the grievor, the matter could have been brought on before us
for resolution.
However neither the employer who seeks a dismissal
of the grievance nor the grievor who is desirous of launching
other grievances seeks a retention of jurisdiction. 'In these
circumstances, the only sensible order is to dismiss the
grievance.
ISSUED the 20th ~a¥ of July, 1988.
Chairman
ALLEN MERRITT
- s .Y oua2.