HomeMy WebLinkAbout2006-1485.Jaques.07-04-05 Decision
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
Nj
~
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2006-1485
UNION# 2006-0220-0015
IN THE MATTER OF AN ARBITRATION
Under
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
(Jaques)
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Deborah 1. D. Leighton
Stacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
Nicholas Sapp and Laura Elgar
Employee Relations Advisors
Ministry of Children and Youth Services
March 27,2007.
Union
Employer
Vice-Chair
2
Decision
Before his retirement on September 21,2006, Mr. Jeff Jaques was a Youth Services Officer at
Sprucedale Youth Centre in the Ministry of Children and Youth Services. On March 27, 2007,
the parties referred Mr Jaques' grievance (2006-0220-0015) dated September 5,2006 to
mediation-arbitration in accordance with Article 22.16 of the Collective Agreement. The
grievance alleges that management violated the collective agreement by not declaring him
surplus when he reached his factor 80 retirement option. The employer took the position that the
grievor had no entitlement to be declared surplus under the collective agreement.
At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter
and they requested in accordance with Article 22.16, that I issue a without prejudice decision,
with no reasons.
Having carefully reviewed the submissions of the parties as well as the jurisprudence of the
Board, I hereby deny the grievance.
Dated at Toronto this 5th day of April, 2007.