HomeMy WebLinkAbout1996-2936.Kadir.00-10-04 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L "()NTARW
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 #2936/96
OPSEU #97 A079
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(KadIr)
GIievor
- and -
The Crown m Right of Ontano
(Mimsm of EnvIronment)
Employer
BEFORE Darnel Harns Vice ChaIr
FOR THE Don MartIn
GRIEVOR Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE Mr John Miles
EMPLOYER Labour RelatIOns Officer
Mimsm of EnvIronment
HEARING October 3 2000
2
DECISION
In thIS matter the gnevor Ms G KadIr gneves that she was Improperly placed In an
OAG 3 posItIOn when she was declared surplus from her OAG 6 posItIOn WIth the
Mimstry of the EnvIronment Approvals Branch. By way of relIef, she asked to be placed
In an OAG 6 posItIOn.
At the tIme of the surpluSIng, the employer dId not consIder her for an OAG 6 posItIOn
WIth the Ontano Clean Water Agency because the posItIOn In questIOn was a "threatened
posItIOn" That IS, It was to be elImInated In the near future The employer's practIce of
wIthholdIng threatened Jobs was subsequently abandoned [see OPSEU (Union
Grievance) and Ministry of Transportation and Management Board Secretariat 2670/96
(Roberts) and OPSEU (Gotera et al) and Ministry of Health, 1476/97 et al (Gray)]
As a result, and after reVIeWIng the facts of thIS case the employer takes the posItIOn that
the gnevor ought to have dIsplaced Into the OAG 6 posItIOn WIth the Ontano Clean
Water Agency The umon does not dIsagree wIth that posItIOn. The gnevor has IdentIfied
a dIfferent, more favourable bump as more desIrable However that posItIOn could not
have been made avaIlable to the gnevor In VIew of the reqUIrements of the dIsplacement
process
The gnevance IS allowed to the extent that the Board declares that the gnevor was
reqUIred and entItled to dIsplace Into the OAG 6 AdmInIstratIve Secretary posItIOn at the
3
Ontano Clean Water Agency The employer IS ordered to pay the gnevor the sum of
$2,267.23 less statutory deductIOns, beIng her lost wages and benefits
DATED at Toronto thIS 4th day of October 2000
Darnel A. Hams, Vice-Chair