HomeMy WebLinkAbout1996-0926.Metcalf, Mercer & Major.96-08-07
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ONrARlO EMPLOYlS DE LA COUFlONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1ZS TELEPHONEITELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1ZS FACSIMILEITELECOPIE (416) 326-1396
GSB # 926/96, 927/96
OPSEU # 96F157, 96F445, 96E721
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Metcalf/Mercer/Major)
Grievor
- and -
The Crown in Right of ontario
(Ministry of the Solicitor General &
Correctional services)
Employer
BEFORE RJ Roberts Vice-Chairperson
FOR THE G. Leeb
GRIEVOR Grievance Officer
ontario Public Service Employees Union
FOR THE G Basanta
EMPLOYER Grievance Administration Officer
Ministry of the Solicitor General &
Correctional Services
HEARING July 26, 1996
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ORDER
It IS hereby ordered that thIS arbItration case be adjourned pendmg the decIsIOn of the
Office of AdjudIcatIOn under the Ontano Health and Safety Act, R.S 0 1990, c 0 1 as amended
(the Act) m the matter of an appeal of a decIsIOn ofMr Donald C Hall, Ontano Health and
Safety Inspector, dated March 26, 1996
In tIllS declSlon, Mr Hall concluded that the procedure of Part V of the Act, Right to
Refuse or Stop Work Where Health or Safety in Danger, dId not apply to the gnevors because
they were excluded from coverage under ss. 43(1)(a) & 43(3) of the Act as persons "employed m
the operatIOn of a correctIOnal mstItutIOn or faCIlIty" under CIrcumstances that "were mherent m"
theIr work. There seems to be lIttle doubt that the outcome of thIS arbItratIOn WIll depend upon
whether Mr Hall s deCISIOn was correct.
The appeal of thIS deCISIOn was entered on March 27 1996, and as of the tIme of the
heanng on July 26, 1996, had yet to be heard. At arbItratIOn, It seemed to be the WIsest course to
defer to the expertIse of the Office of AdjudIcatIOn m admmIstenng and mterpretmg ItS own
statute Accordmgly It was deCIded that thIS order of adjournment should be Issued.
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I wIll retam JUrISdIctIOn pendmg the determmatIOn of the Office of AdJudIcatIOn.
Dated at Toronto Ontano, thIS 7 i;J{.day of August, 1996
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