HomeMy WebLinkAbout2000-0128.King.00-10-23 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARW
GRIEVANCE COMMISSION DE
1111 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 #0128/00
OPSEU #OOE 119
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Emplovees Uillon
(Kmg)
GIievor
- and -
The Crown m Right of Ontano
(Mimstn of Health and Long-Term Care)
Employer
BEFORE Bam Fisher Vice Chair
FOR THE Kathleen Lawrence
GRIEVOR Gnevance Officer
Ontano PublIc ServIce Emplovees Uillon
FOR THE Janet Mvers
EMPLOYER Emplovee Relanons Consultant
Mimsm of Health and Long-Term Care
HEARING October 13 2000
2
Award
ThIS case was heard under the medlarb provIsIOns of the CollectIve
Agreement.
The Gnevor IS a long term employee of the MInIStry who qualIfies for
a Factor 80 early retIrement on November 15, 2001 She feels that she IS
only performIng a small part of the dutIes In her Job descnptIOn as the
MInIStry has assIgned most of her work to other employees As a remedy she
wants the Gnevance Settlement Board to order her to be surplused.
The MInIStry stated that the gnevor IS performIng valuable work that
IS reqUIred to be done If she were to be surplused, the MInIStry would have
to hIre addItIOnal staff to perform her work.
The Gnevance Settlement Board has no JunsdlctIOn to order the
MInIStry to gIve an employee a surplus notIce, nor can an employee gneve
the failure of the MInIStry to do so DeclarIng someone surplus IS sometImes
used as way of settlIng gnevances, but that can only be done wIth the
consent of both partIes
ThIS gnevance IS therefore dIsmIssed.
Dated at Toronto, thIS 23rd day of October 2000
Barry B FIsher, VIce Chair