HomeMy WebLinkAbout1996-2446.Hartley et al.01-01-24 Decision
o NTARl 0 EMPLOYES DE LA Cm_'RONNE
CROWN EAIPLOYEES DE L "ONTARIO
-- GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILElTELECOPIE (416) 326-1396
GSB #2446/96
OPSEU#97B088
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Employees U mon
(Hartle, et al.)
Gnevor
- and -
The Crown m RIght of Ontano
(Mimsm of TransportatIon)
Employer
BEFORE Barn FIsher V Ice Chair
FOR THE Robm Gordon
GRIEVOR Gneyance Officer
Ontano Pubhc ServIce Employees Umon
FOR THE Fateh Sahm, Counsel
EMPLOYER Legal ServIces Branch
Management Board Secretanat
HEARING Januan 22,2001
AWARD
The gnevors were all employees who were surplused m 1996 They were gIven
the chOIce of eIther workmg out the 6 months notIce penod (m whIch case they would
have been covered by benefits) or acceptmg pay m heu of notIce (and thus not bemg
covered by benefits)
They all chose to accept pay m heu of notIce, and thus were not covered by
benefits.
They subseque ntly filed gnevances saymg that they should have been covered for
benefits, presumably for the maXImum 8 week penod under the Employment Standards
Act.
HaVIng thoroughly mvestIgated the legal aspects of thIS matter, the Umon IS of the
opmIOn that there eXIsts no dIspute between the partIes to the CollectIve Agreement, that
IS between the Umon and the Employer
As there eXIsts no dIspute between the partIes, I have no JunsdIctIOn over thIS
matter
The gnevance IS therefore dIsmIssed.
Dated at Toronto, thIS 24th day of January, 2001
Barry B Fisher, Vice ChaIr