HomeMy WebLinkAboutTurner 02-10-17 IN THE MATTER OF AN ARBITRATION
BETWEEN
CENTENNIAL COLLEGE OF APPLIED ARTS & TECHNOLOGY
(the "Employer")
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the "Union")
AND IN THE MATTER OF A Glqr~W'ANCE
OF TRACY TURNER (02D053)
(the "Grievor")
BEFORE:
C. Gordon Simmons, Chair
Mr. Robert Gal]ivan, Employer Nominee
Mr. Michael Lyons, Union Nominee
APPEARANCES ON BEHALF OF THE EMPLOYER:
Ms Patricia G. Murray, Counsel
Mr. Mel Fogel, Director, Labour Relations
APPEARANCES ON BEHALF OF THE UNION:
Mr. John Brewin, Counsel
Ms Tracy Turner, Grievor
A hearing into this matter was held in Toronto, Ontario on September 23, 2002
The employer raised a preliminary objection to the jurisdiction of the Board
heating the merits of this grievance. It based its objection on two grounds. The
first being the grievor was a probationary employee at the time of her dismissal
having been employed approximately eight weeks prior to her termination (art.
18.7.1). Second, the grievance was filed out of time (art. 18.7.2) as was the referral
to arbitration (art. 18.7.3).
It is common ground that the grievor's services were terminated on
November 19, 2001. According to art. 18.7.1 she had 15 days to file her grievance.
This was not done until January 25, 2002 (ex. 1, p. 2). The Step 3 grievance
meeting was held on March 8 and the employer's response is dated March 14,
2002 (ex. 1, p. 3). The employer's response denies the grievance but also gives
notice it will be relying on the two objections set out above. The reference to
arbitration is dated April 4, 2002 which exceeds the 10 day limit set out in art.
In support of the employer's position that the Board lacks jurisdiction to
extend time limits the following arbitration decisions were submitted which
determined the time limits contained in the collective agreement are mandatory:
Re George Brown College attd OPSEU (Lutn), unreported, dated April 1, 1998 (Kaplan);
Re Lambton College and Ontario Public Service Employees Union (Farner), unreported, dated
May 30, 1993 (Keller); Re Seneca College and Ontario Public Service Employees' Union
(Chang), unreported, May 13, 1988 (Kates); and George Brown College and Ontario Public
Service Employees Union (TaurozzO, urixeported, October 13, 1999 (Simmons).
After having heard the subrrfissions of the parties and considering the case
law submitted it is this Board's decision it lacks jurisdiction to adjudicate the
grievance on its merits and the grievance is therefore dismissed.
Dated at Kingston, Ontario, this 17th day of October, 2002.
C. Gordon Simmons
Chairperson
"Robert GaHivan"
concur/dissent
Robert Gallivan
Employer Nominee
"Michael Lyons"
I concur/dissent
Michael Lyons
Urdon Non, nee