HomeMy WebLinkAbout2000-0260.Tilden.01-04-03 Decision
o NTARI 0 EMPLOYES DE LA COL'RONNE
CROWN EMPLOYEES 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#0260/00
OPSEU#00BI70
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Emplovees Umon
(Tilden)
Gnevor
- and -
The Crown ill Right of OntarIo
(Ontano Real~ CorporatIon)
Employer
BEFORE Jamce D Johnston Vice ChaIT
FOR THE Don MartIn
GRIEVOR Gnevance Officer
Ontano Pubhc ServIce Emplovees Umon
FOR THE Robert Gordlca
EMPLOYER Labour RelatIOns Consultant
Human Resources ServIces Branch
Management Board Secretanat
HEARING March 29 2001
DECISION
The grievance at issue in this case has four aspects to it. The employer has asked that
the first three grounds raised in the grievance be dismissed as untimely The union has no
dispute with the fact that those three aspects of the grievance were out of time With regard to
the fourth issue, the employer takes the position raised in the grievance that I am without
jurisdiction to deal with it pursuant to section 6 of the Public Sector Salary Disclosure Act, 1996,
S 0 1996 c. 1 Sch. A ( the "PSSDA) The union does not dispute that this section applies and
that based on the facts before me I am prohibited from finding that the PSSDA has been
contravened.
According to Section 7(3) of the Crown Employees Collective Bargaining Act R.S 0
1993, c. 38, there must be a difference between the parties for this Board to have jurisdiction.
For all of the reasons expressed in Re The Crown in Right of Ontario (Ministry of
Government Services) and Ontario Public Services Employees Union (Stewarl), June 22, 1995)
unreported (Briggs), and Re The Crown 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 jurisdiction to hear and determine these grievances
Accordingly, this grievance is dismissed.
Dated in Toronto, this 3rd day of April, 2001
If-
Janice D Johnston, Vice Chair
2