HomeMy WebLinkAboutP-1999-0017.Johnson.00-09-27 Decision
- -. '"'-- - ...... -- ,
r..... E;
PSGB# P/0038/99
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
DavId Johnson
Grievor
- and -
The Crown m Right of Ontano
(Mim stry of CorrectIOnal ServI ces) Employer
2
BACKGROUND
The Gnevor Mr DavId Johnson, IS employed as an OperatIOnal Manager (OM 16
Schedule 5) at the Maplehurst CorrectIOnal Complex wIthIn the Mimstry of CorrectIOnal
ServIces ("Mimstry") He sent an Informal gnevance dated February 17 2000 to Mr M.
Wasylyk, Deputy Supenntendent AdmInIstratIOn askIng for the same revIsed ShIft
premIUm and weekend ShIft premIUm Increases as gIven to the bargaInIng umt employees
pursuant to the terms of the last collectIve agreement. In hIS response dated February 23
2000 Mr Wasylyk demed the gnevance Subsequently Mr Johnson filed a formal
gnevance dated March 6 2000 wIth the PublIc ServIce Gnevance Board ("Board")
seekIng the same relIef
On March 23 2000 the Board sent Mr Johnson the folloWIng letter (due to a word
processIng error the letter was Inadvertently dated December 15 1999)
'The Board has revIewed the mformahon supphed at the hme of apphcahon and on Its face thIS
appears to be a sImIlar fact sltuahon to that set out m Armstron~ et al (P/0024/99), Lalrd et al
(P/0050/95) and Blakney et al (P/O 1 44/96), whIch would mdlcate that the Board IS wIthout
Junsdlchon m thIS matter I have enclosed Prachce Note 1 whIch sets out how the Board deals
wIth these cases. The Board requests that you reVIew the matenal enclosed and forward your
submIssIOns to the Board, to be receIved not later than Apnl 21 2000 The submIssIOns must
artIculate how your fact sltuahon dltlers from that m Armstrong et al (P/0024/99), Lalrd et al
(P/0050/95) and Blakney et al (P/0144/96), your poslhon regardmg the Board s Junsdlchon and
why the Board should not dIsmIss thIS gnevance wIthout a heanng If It determmes that It IS
wIthout Junsdlchon.
Based upon the submIssIon requested, the Board may
1 DecIde that there IS sutliclent factual dltlerence and/or queshons regardmg ItS Junsdlchon to
ment a heanng;
2. Request further submIssIOn from the partIes before decldmg to hold a heanng;
3 DIsmIss the gnevance If the submIssIons are not receIved m a hmely manner
4 DIsmIss the gnevance based upon the correspondence from the Mimstry and the submIssIOn
ofthe apphcant wIthout a further heanng.
As a final comment, should you determme from your reVIew of the matenal that the Board IS
wIthout Junsdlchon, you have the ophon of wlthdrawmg the gnevance If you decIde to
wIthdraw please forward the wIthdrawal to the Board m wntmg.
If you reqmre further mformahon or have any queshons, please do not hesItate to contact thIS
wnter at (416) 326-1382.
3
Yours truly
L H. Shckland
Secretary
To date, the Board has not receIved any wntten submISSIOns from Mr Johnson as
requested In the above letter
DECISION
Mr Johnson IS seekIng the same ShIft premIUm and weekend ShIft premIUm Increases as
gIven to bargaInIng umt employee pursuant to the terms of the last collectIve agreement
negotIated by theIr umon (OPSEU) wIth the Government of Ontano
The Board has addressed the Issue of entItlements of operatIOnal managers VIS-a.-VIS
bargaInIng umt employees In a number of pnor cases IncludIng Laird et al (P/0050/95),
Blakney et al (P/0144/96) Johnson and SmIth (P/0001/99 P/0005/99) and SmIth
(P/0028/99) In all these cases, It ruled that It lacked JunsdIctIOn to hear and decIde the
Issue In two recent cases, Armstrong et al (P/0024/99) and Easto et al (P/0025/99), the
Board held that the Issue should not be relItIgated and dIsmIssed the gnevances wIthout a
heanng.
Based on the InformatIOn avaIlable to the Board, I find the sItuatIOn In the present case to
be a sImIlar fact sItuatIOn to that set out In the cases referred to In the precedIng
paragraph. AccordIngly I see no ment In allowIng the case to proceed to a heanng.
For the reasons noted above, the gnevance IS hereby dIsmIssed.
Dated at Toronto thIS 29th day of September 2000
~
.. . -~~
"~'- ~
. .. ~
- -
Naresh C Agarwal, Ph.D Chair