HomeMy WebLinkAbout2005-2393.Colbert et al.06-01-04 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2005-2393 2005-2394 2005-2395 2005-2396 2005-2397
UNION# 2005-0636-0040 2005-0636-0043 2005-0636-0044 2005-0636-0045 2005-0636-0046
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Colbert et al ) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Health and Long-Term Care) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Kathleen Lawrence
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Janet Myers
Employee RelatIOns Consultant
Mimstry of Health and Long-Term Care
HEARING November 16 2005
2
DeCISIon
ThIS matter was heard under the MedIatIOn/ArbItratIOn procedure set out In Art. 22 16 of the
collectIve agreement.
The gnevors are all unclassIfied employees wIth less than 5 years of servIce who allege that they
have been demed severance pay Both the employer and the umon agree that the severance
provIsIOns In the collectIve agreement are found In ArtIcles 53 and 78 neIther of whIch are
Included In the lIst of artIcles applIcable to unclassIfied employees, as stIpulated In Art. 31A.
GIven that the gnevors were all unclassIfied employees when the gnevances were filed, ArtIcles
53 and 78 do not apply to them.
After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my vIew that
there IS no eVIdence to support the conclusIOn that the employer has vIOlated the collectIve
agreement In the applIcatIOn of the severance pay provIsIOns to these gnevors As a result the
gnevance IS dIsmIssed.
Dated at Toronto thIS 4th day of January 2006