HomeMy WebLinkAbout2006-2034.Union Grievance.06-12-20 Decision 2006 ONCEGSB 223
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2006-2034
UNION# 2006-0999-0016
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Union Grievance)
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General)
Owen V. Gray
Stacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
Len Hatzis
Counsel
Ministry of Government Services
December 11, 2006.
Union
Employer
Vice-Chair
2
Decision
[1] I have been assigned jurisdiction to hear disputes arising out of Appendix 32 of
the parties' collective agreement. The following matters were referred to me for
resolution:
Disputes of Richard Wilson, Robert Evans, Gail Douglas and Gerry Davis (London)
Dispute of Susan St. Denis (Cornwall)
Disputes of Fatima Conceicao, Cheryl Mccullough, Group of Adams, Jane
(Newmarket)
[2] Each of these disputes raises one or more of the following issues:
a) whether length of unclassified service should be taken into account in making
assignments to Annual Hours Categories under section 3 of Appendix 32;
b) whether an employee in receipt of pension benefits under pensions other than the
OPSEU Pension Trust was or is entitled to opt out of conversion to Flexible Part-
Time status under Appendix 32;
c) whether employees converted to Flexible Part-Time status under Appendix 32 are
thereafter entitled to payment in lieu of holiday pay under Article 31.A.5.1, payment
in lieu of vacation pay under Article 31.A. 6.1 or payment in lieu of benefits under
Article 31. A. 7. 1.
The employer and the union agree that the answer to each of these questions is "no."
Accordingly, in so far as these disputes raise those issues, they are hereby dismissed.
[3] If these disputes raise any other issues about which the employer and the union
have a disagreement, those other issues will be addressed at mediation-arbitration on a
future date.
Dated at Toronto this 20th day of December, 2006.