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HomeMy WebLinkAbout1992-2412.Pagaduan&Union.93-08-31 ,.. I' ONTARIO EMPLOYES DE LA COURONNE CROWN fMPLQYEES DE L'ON TA RIO 1111 GRIEVANCE COMMISSION DE ( , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO, ONTARIO. M5G lZ8 TELEPHONEITEUipHONE (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) MSG lZ8 FACSIMILE ITELECOPIE (416) 326-1396 2412/92, 3 2 1'7/ 9 2 \ IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN ATU (Pagaduan/Union Grievance) Grievor - and - The Crown in Right of Ontario (TATOA/Go Transit) - Employer Dissanayake Vice-Chairperson I BEFORE ~ N P K1ym Member M O'Toole / Member FOR THE S Clarke GRIEVOR President/Business Agent Amalgamated Transit Union Local 1587 \ FOR THE J. Hassell RESPONDENT Counsel Osler, Hoskin & Harcourt Barristers & Solicitors HEARING August 16, 1993 ( I \ 1 .,. ~' 2 DECISION File no 2412/92 is a grievance filed by Mr \ P Pagaduan File \ is grievance ;. no 3217/92 a policy Both of these grievances came up for hearing before this panel of the Board on August 16, 1993 At the commencement of the hearing the Board was informed that the grievor had not shown up After deliberations with the parties, the Board directed the parties to attempt to agree on how to proceed with the grievances \ - In accordance with the agreement reached by the parties the Board rules as follows (a) The individual grievance of Mr Pagaduan (File 2412/92) is dismissed (b) The policy grievance in File no 3217/92 is amended so that the grievance will be determined on the basis of the lhnguage in the new collective agreement which modified the language of article 8 1(9} referred to in the grievance In the event the grievance is upheld the only remedy to flow will be a declaration The hearing of the policy grievance is adjourned to November 26, 1993 in. order to allow the parties to present their respective cases based on the agreed upon terms set out above \ .. '" ~ 3 Accordingly, the registrar is requested to reschedule the hearing oflFile 3217/92 for 'November 26, 1993, before the same panel which remains seized of this matter " Dated this 31st day of August, 1993 at Hamilton, Ontario 1 /--~~~~ N, Dissanayake Vice-Chairperson lK. 01/~ P Klym Member - 7rI r O'J~ M O'Toole Member , / (