HomeMy WebLinkAbout1999-0455.Melo.00-12-22 Order
o NTARI 0 EMPLOYES DE LA COL'RONNE
CROWN EAIPLOYEES DE L 'ONTARIO
-- 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 #0455/99 0456/99
OPSEU#99B568 99B569
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Employees Umon
(Melo/W alker)
Gnevor
- and -
The Crown III RIght of Ontano
(Mimstn of Commum~ and SocIal ServIces)
Employer
BEFORE RandI HanImer Abramsk" Vice Chair
FOR THE Enc O'Bnen, Counsel
GRlEVOR Ehot, SmIth
Barnsters and SolICItors
FOR THE Deborah Metrakos
EMPLOYER Employer RelatIOns AdVIser
Mimsm of CommunI~ and SOCIal ServIces
HEARING November 17 2000
2
ORDER
Based on the submIssIons of the partIes, the mstant gnevance IS goverred by an
earher Settlement Agreement, dated Apnl 23, 1999, between the partIes, whIch states, m
pertment part, as follows
The Umon further agrees to Waive any nght to file a Umon or
mdIvIdual gnevance pursuant to ArtIcle 31 15 or 6 With respect to
Syl Apps Youth Centre for the next twelve month penod
follOWing the sIgnmg of thIS Settlement.
The effect of thIS prOVIsIon IS to preclude the fihng of both Umon and mdIvIdual
gnevances pertammg to converSIOn for a one-year penod,
The April 29, 1999 gnevance of Ms Melo alleges a VIOlatIOn of ArtIcle 6 and m
ItS essence IS a converSIOn gnevance, IS therefore governed by the Apn123, 1999
Settlement Agreement. Accordmgly, I conclude that the gnevance IS precluded by the
Settlement Agreement and thIS Board has no jUnSdIctIOn to proceed With It.
To the extent that the gnevance also alleges a VIOlatIOn of ArtIcle 3 of the
collectIve agreement, m the submISSIOns of the partIes there was no eVIdence that the
gnevor was demed converSIOn because of her gender The eVIdence showed a number of
female employees were converted at the tIme and thereafter
The gnevance must therefore be dIsmIssed,
Dated at Toronto, thIS 22nd day of December, 2000
/-I'11onntr:1c
RandI Hammer Abramsky, Vice-Chair