HomeMy WebLinkAbout1996-0007.Boyce&Beloso.97-01-20
180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITELECOPIE (416) 326- 1396
GSB # 7/96, 1116/96
OPSEU # 96B293-8, 96F693-706
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Boyce et al/Beloso et al)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Consumer & Commercial Relations)
Employer
BEFORE W Kaplan Vice-Chairperson
FOR THE C Walker
GRIEVOR Job Security Officer
Ontario Public Service Employees Union
FOR THE D Chiro
EMPLOYER Coordinator, C A Negotiations
Management Board Secretariat
HEARING January 11, 1997
This case, the decision in which also applies to five other former
employees of the Land Titles and Registry Office, proceeded to a hearing In
Toronto In brief, the various grievances, filed under the 1992-1993
collective agreement, allege a breach of Article 24
Little purpose would be served by a detailed recitation of the facts
underlying this dispute Suffice it to say that the union takes the position
that the various grievors and five others have been improperly deprived of
their collectIve agreement rights by virtue of certain direct agreements
they had entered into with the Ministry, agreements which had the effect of
depriving them of the benefits of Article 24 3 1 The Ministry takes the
position that there was no breach, and it pointed out that the grievors and
five others made informed choices having enjoyed the benefit of union
representation
Having carefully considered the submissions of the parties, as well as the
language of the articles of the collective agreement then in force, I can
only conclude that notwithstanding any employee preferences or choices
that were made, the gnevors and five others covered by this award were
not only entitled to the benefits which they received under Article 242 1
and otherwIse, but were also entitled to the benefits of Article 24 3 1, and
I so declare
As requested by the parties, I remain seized with respect to the
Implementation of this award
t ~--
William Kaplan
Vice-Chairperson