HomeMy WebLinkAboutBrandon et al 00-11-29
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L. ~S8
IN THE MATIER OF AN ARBITRATION
BETWEEN
FAMILY & CHILDREN SERVICES OF WATERLOO REGION
Rand-
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
AND IN THE MA TIER OF THE GRIEVANCES OF S. Brandon. D. Desgroseilliers, A.
Perkins, C. Reis, T. Tilley, 1. Vanrooyen and D. Warning
Kevin Whitaker, Sole Arbitrator
Appearances for the Employer
Paul A. Young, Counsel and others
Appearances for the Union
Mitch Bevan, Grievance Officer
All grievors
A hearing WRS held in Waterloo on November 22, 2000
"
AWARD
This matter consists of seven identical individual grievances. Each grievor claims to have
been improperly placed on the wage grid upon commencing work with the employer. The parties
are in agreement that at1icle 22.05 of the collective agreement which govems grid placement was
not applied. TIle issue between the pal1ies is whether or not the union is estopped from asserting
a breach of at1icle 22.05.
Evidence was put before me by way of documentation, agreement of the pal1ies and by
calling one employer witness. The parties made opening statements and various submissions.
Having heard the submissions of the pat1ies and without objection frOll either party, I
find and award as follows:
1. The circumstances which have given rise to this grievance OCCUlTed as a result of
the employer and union attempting to deal with the issue of wage grid placement
in the aftermath of Social Contract legislation. In this regard, the parties acted in
all respects and at all times in a fair, reasonable and non-arbitralY fashion to
attempt to balance the competing interests that were apparent at the time. Despite
these efforts, the result of the pm1ies' efforts Was that the grievors were put at an
inequitable disadvantage which requhes redress;
2. The gdevors have unde11aken individually to the union and the employer, not to
proceed against either tmion or employer in respect of the matters giving rise to
this grievance, either through the collective agreement or under any statutOlY or
common law rights which might otherwise remain outstanding;
3. With this set of grievances, the union has exhausted its right to proceed with the
carriage of any further grievances which challenge the manner in which
employees have been placed on the wage grid, that being the subject of this
proceeding. Any subsequent grievances so filed shall be res judicata as between
these pm1ies;
4. In view of the above fIndings and with regard to the unde11akings of the pal1ies
and grievors', the employer is directed f0l1hwith to pay to the each gdevor, the
sum of one thousand two hundred fifty dollars ($1250.00) less statutory
deductions.
Dated at Toronto this 29th Day of November, 2000
~~
KewifWhitaker, Sole Arbitrator