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HomeMy WebLinkAbout1990-1186.Pinnell.90-12-28 ONTARIO EMPLOYÊS DE LA COURONNE CROWN EMPLOYEES DEL'ONTARIO 1111 GRIEVANCE CpMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS. 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO, M5G lZ8 rELEPHONEIT~~PHONE: (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTAAIO , M5G 1Z8 FACSIMILEfT';LËCOPIE : (416 326-1396 1186/90 IN THE MATTER OP AN ARBITRATION Onder THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before , TBB GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Pinnell) Grievor - and - The Crown in Right of Ontario (Lambton-Middlesex Ambulance Service) 0 Employer BEFORE: N. Dissanayake Vice-Chairperson E. Seymo.u.r Member H. Roberts Member FOR THE L. Rothstein GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & SOlicitors FOR TIlE P. Whalen EMPLOYER Counsel Shibley, Righton & Mccutcheon Barristers & Solicitors HEARING: November 28, 1990 2 DECISION This is a grievance wherein the grievor, Mr. Gary pinnell, alleges that the Employer has d.enied his holi.day time as allowed under article 15 of the collective agreement between OPSEU and the Lambton-Middlesex Ambulance Service. At the commencement of the hearing, the Employer raised a preliminary objection to the Board's jurisdiction to entertain this grievance. The parties then engaged in discus:sions and executed the following minutes: In the Matter of an Arbitration , Between: I Ontario Public Service Employees' Union . (th.e Union) - and - Lambton Middlesex Ambulance Services (the Employer) Re: Grievance of Gary Pinnell da'ted June 12, 1990 OPSEU No. 90C330; GSB No. 1186/90 . without prejudice or precedent, the parties hereto agree that the above-captioned grievance shall be dealt with as follows: l. The grievance shall be adjourned pending the outcome of the OPSEU v. ROYAL CITY AMBULANCE SERVICES (GSB No. 987 & 988/90) and ~_~u~__~_.____ _ _~~~ 3 OPSEU v. HALTON IMISSI SSAUGA (GSB No.849/90) cases with re~ard to the jurisdiction of the Board. 2. If it is determined that the Board has jurisdiction to determine the matter in this grievance then the grievance shall be relisted for hearing by the Registrar of the Board. 3. Without prejudice to either parties' position at arbitration and without precedent the parties agree that the grievor shall take the week commencing January 1, 1991 as his third week of vacation for the 1990/91 year. 4. This memorandum shall be made an order of the Grievance Settlement Board "signed illegibly" ~--------------- for the Employer "signed illegibly" , for the Union , . "signed illegibly" for the Grievor In accordance with the terms of the foregoing minutes of agreement, this proceeding is adjourned sine die. The Registrar shall reschedule this matter for hearing upon request by the Employer or the Union. This panel of the Board is not seized of this \ matter. 4 Dated this ,. 28th day of December·-, 1990 at Hamilton, ontario ~~~ N. Dissanayake Vic:e-Chairperson ~-~-¡E2;r A'_ E. seymour HeDmer (W ~~~ H. Roberts Menlber I I