HomeMy WebLinkAbout1996-2841.TEUNISSEN98_12_15
OwrARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'OwrARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONEfTELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILEfTELECOPIE (416) 326-1396
GSB # 2841/96
OPSEU 97D414
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Employees Umon
(Roel Teumssen)
Grievor
- and -
The Crown m RIght of Ontano
(Mimstry of Natural Resources)
Employer
BEFORE RIchard M. Brown V Ice-Chair
FOR THE Cameron Walker
GRIEVOR Gnevance Officer
Ontano Pubhc ServIce Employees Umon
FOR THE Lon Aselstme
EMPLOYER Staff RelatIOns Officer
Human Resources Branch
Mimstry of Natural Resources
HEARING November 17,1998
-----_.._'~
Roel Teumssen was employed as a Park Planner 2 at the Mimstry's Sudbury
office He was bumped from hIS job on July 23, 1996 by Mr Sproule, a
more semor employee who was also a Park Planner 2 The gnevor contends
Mr Sproule was not qualIfied to perform hIS job Under artIcle 20 4 of the
collectIve agreement, entitlement to bump IS condItional upon an employee
bemg "qualIfied to perform the work"
The employer and the umon both take the posItIOn that Mr Sproule
was qualIfied. He contmues to perform the work m questIOn to the
satIsfactIOn of the employer The partIes advIsed me there have been other
cases where an employee was removed from the job mto WhICh he or she
had bumped because the mdIvIdual proved unable to do It. Such has not
been the case wIth Mr Sproule
The umon and employer both agree I am wIthout jUnSdIctIOn to hear
the gnevance because neIther of them wIsh to have It arbItrated. ThIS
contentIon IS clearly correct, gIven Mr ShIme's decISIOn mE Blake and
Amalgamated Transit Union, GSB FIle No 1275/87, dated May 3, 1988
The gnevor cannot proceed to arbItratIOn wIthout the support of the umon.
The gnevance IS dIsmIssed.
RIchard M. Brown, Vice-Chair
Ottawa, Ontano
December 15, 1998