HomeMy WebLinkAbout1999-1089.Margel et al.01-05-09 Decision
~M~ om~o EAfPLOYES DE LA COURONNE
_Wi iii~~~i~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB#1089/99
UNION# 99B883 99B884
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Margel et al)
Grievor
-and-
The Crown In RIght of Ontano
(Mimstry of FInance)
Employer
BEFORE Barry B FIsher Vice-Chair
FOR THE GRIEVOR Don MartIn
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Helen Ecker
Labour RelatIOns Consultant
Mimstry of FInance
HEARING Apnl 24 2001
2
DECISION
These gnevors (the Present Gnevors) are concerned that as a result of a settlement
of a prevIOUS competItIOn gnevance (the OngInal Gnevance), they were demed the nght
to compete for a posItIOn. In the OngInal Gnevance, OPSEU and the Mimstry settled the
case In part by placIng the OngInal Gnevors In the next vacancy that came up In that job
category
As a result of thIS settlement, the Present Gnevors feel that they have been demed
a chance to compete for thIS new vacancy as the OngInal Gnevors were placed In the
posItIOn wIthout a competItIOn.
The employer has made a motIOn to dIsmIss thIS case on the basIs that there has
been no vIOlatIOn of the collectIve agreement.
The umon does not dIspute that there has been no vIOlatIOn of the collectIve
agreement.
AccordIng to SectIOn 7 (3) of the Crown Employees Collective Bargaining Act
RS 0 1993 c 38 there must be a dIfference between the partIes for thIS Board to have
jUnSdIctIOn.
3
F or all of the reasons expressed In Re The Crown in Right of Ontario (MinistlY of
Government Services) and Ontario Public Services Employees Union (SteYf,art) June 22,
1995) unreported (Bnggs) and Re The CroYf, n in Right of Ontario (Toronto Area Transit
Operating Authority) and Amalgamated Transit Union (Blake) May 3 1988) unreported
(ShIme) I have concluded that I do not have jUnSdIctIOn to hear and determIne these
gnevances
AccordIngly thIS gnevance IS dIsmIssed.
Dated at Toronto thIS 9th day of May 2001
Barry B FIsher Vice-Chair