HomeMy WebLinkAbout1994-0397.BARTER_ET_AL99_07_
OfVTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'OfVTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELl~PHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELfCOPIE (416) 326-1396
GSB # 0397/94 1077/94 2064/94
OPSEU # 94D445-453 94G048-049 95B128-129
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEV ANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Ul1lon
(Barter et al)
Grievors
- and -
The Crown m RIght of Ontano
(MIl1lstry of the Attorney General)
Employer
BEFORE FelICIty D Bnggs V Ice-Chair
FOR THE Robm Gordon
GRIEVORS Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE Benjamm Ratelband
EMPLOYER Counsel, Legal ServIces Branch
Management Board Secretanat
HEARING June 30, 1999
DECISION
There are a number of consolIdated gnevances filed m 1994 before thIS Board regardmg
the Mimstry's extenSIOn of mandatory retIrement provIsIOns to unclassIfied employees
The gnevors requested that the change In polIcy be reversed and all gnevors to receIve
full redress.
Ms. Gordon, for the Umon, submItted that It had no dIspute wIth the Employer s actIOns
m thIS regard. The Employer argued that there IS no dIfference between the partIes to the
collectIve agreement. Accordmg to SectIOn 7(3) of the Crown Employees Collective
Bargaining Act R.S 0 1993 c 38, there must be a dIfference between the partIes for thIS
Board to have the JunsdIctIOn. The Umon IS not allegIng a dIfference between the partIes
In these matters. Therefore, the Board must dIsmISS the gnevances Mr Ratelband, for the
Employer, referred the Board to Re The Crown in Right of Ontario (Ministry of
Government Services) and Ontario Public Service Employees Union (Stewart), (June 22
1995) unreported (Bnggs), and Re The Crown in Right of Ontario (Toronto Area Transit
Operating Authority) and Amalgamated Transit Union (Blake) (May 3 1988), unreported
(ShIme)
I agree WIth the submIssIOns made by the Employer I am WIthout JunsdIctIOn to hear and
determIne these gnevances Accordmgly, the gnevances are dIsmIssed.
Dated m Toronto thIS 9th day of July 1999
F ehcIty D Bnggs
Vice Charr