HomeMy WebLinkAbout1996-1488DUNCAN98_11_02
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ONrARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONrARIO
1111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONEITELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (416) 326-1396
GSB # 1488/96
OPSEU 96G134
. IN THE MA TIER OF AN ARBITRA nON
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Public Service Employees Uruon
(patricia Duncan)
Grievor
- and -
The Crown m RIght of Ontano
(Mirustry of Natural Resources)
Employer
BEFORE RIchard M, Brown Vice-Chatr
FOR THE Robm Gordon
GRIEVOR Gnevance Officer
Ontario Public ServIce Employees Union
FOR THE Stephen Boyd
EMPLOYER Staff Relations Officer
Human Resources Branch
Mirustry of Natural Resources
HEARING October 27, 1998
~__,-:c .
The gnevor, PatrIcIa Duncan, was dIsplaced from her job by a more seruor
employee who had been declared surplus The dIsplacement occurred
pursuant to artIcle 2 4 of the collectIve agreement. Ms Duncan contends the
employee who dIsplaced her was not "qualIfied to perform" the job WIthm the
mearung of thIs artIcle In other words, she contends the dIsplacement
contravened the collectIve agreement. However, the employer and the uruon
take the pOSItIOn that the agreement was not VIolated.
In thIs context, the uruon and employer contend I am WIthout
jUTIsdIctIOn to hear the gnevance because neIther of them have WIsh to have It
arbItrated. TIns contentIOn IS clearly correct, gIven Mr Shnne' s deCISIOn ill E
Blake and Amalgamated Transit Union, GSB File No 1276/87, dated May
3, 1988 The gnevor cannot proceed to arbItratIon WIthout the support of the
uruon.
The gnevance IS dIslIDssed.
~
RIchard M. Brown, Vlce-Charr
Ottawa, Ontano
November 2, 1998