HomeMy WebLinkAbout1978-0173.Bond.79-05-03Before:
For the Grievor:
For the Employer:
Hearing:
December 8th, 1978
Suite 2100, 180 Dundas Sty. West
Toronto, Ontario
IN THE MATTER OF AN ARBITRATION
Under The
CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Mr. L. Bond (Grievor)
And
Ministry of Natural Resources ~. (Employer)
Professor G. W. Adams Chairman
Mr. J. H. Morrow Member
Mr. R. Cochrane Member
Mr. G. Richards, Grievance Officer
Ontario Public Service Employees Union
1901 Yonge Street
Toronto, Ontario
Mr. J. A. Temple, Supervisor
Compensation Personnel Services
Ministry of Natural Resources
4506 Whitney Block, Queen's Park
Toronto, Ontario
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Mr. L. Bond grieves that he has been unjustly terminated.
The grievor was employed by the Ministry of Natural Resources
in Lanark District as a public servant in the unclassified staff. He
was appointed in accordance with section 8 of the Public Service Act,
R.S.O., c.386.
His ~periods of employment and work projects were:
December 8, 1975
April 1, 1976
- March 31, 1976 ARDA Project
May 16, 1976
November 15, 1976
March 16, 1977
April 1, 1977
August 16, 1977
October 3, 1977
December 3, 1977
- May 15, 1976
- September 10,
1976
- March 15, 1977
- March 31, 1977
- August 15, 1977
- August 26, 1977
- December 2, 1977
- March 31, 1978
Deer Pellet Survey -
Fish & Wildlife
White Lake, Water Quality
Survey/Fish & Wildlife
ARDA Support - Fish &
Wildlife
Extension of previous
contract
Trap net study - Fish &
Wildlife
Lake planning study on'
Otty and Black Lakes - Lands
Completion of Lake studies -
Lands
Completion of past projects
e.g. Lake planning - Lands
ARDA Support - Fish & Wild-
life
His employment ceased March 31, 1978 as provided in the standard form
appointment document pertaining to unclassified staff and it'is argued
that his employment ceased in accordance with section 9 of the Public
Service Act. His job performance and attendance were satisfactory. He
had no record of discipline. He was not dismissed by the Deputy
Minister under section 22 (3) of the Public Service Act., He was not
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released from employment by the Deputy Minister under either section
22 (4) or 22 (5) of the Public Service Act. He was not suspended
under either 22 (1) or (2) of the Public Service Act.
All appointment documents were signed by Mr. Bond and by the
District Manager and the District Manager has been delegated by the
Minister pursuant to section 8 (1) and (2) of the Public Service Act
to make appointments to the unclassified staff.
Each employment document contains the statement:
"I understand that my employment is of a temporary nature
to be effective from to
end is not to be construed as leading to continuous employment."
As a public servant in the unclassified service, Article 3 -
~: ,-
of the working conditions collective agreement entitled "Seasonal or
Part Time Employees" applies to~him. Article 3.1 provides that "the only terms
of this Agreement that apply to employees who are not civil servants
are those that are set out in this Article."
It is our opinion that the grievor's employment "ceased" by
operation of section 9 of the Public Service Act and by virtue of this
section and the terms of his appointment, it cannot be said that he
was "dismissed" within the meaning of s.17 (2) of the Crown Employees
Collective Bargaining Act.
As the parties have provided, the only portion of the collective
agreement that applies to employees who are 'not civil servants is Article
3. Thus,.the..parties were fully aware of this particular interrelationship ~.
between the Public~Service Act and the Crown Employees Collective Bargain-
ing Act. The grievance is dismissed.
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Dated at Toronto this 3rd day of May 1979.
.I
Professor G. W. Adams Chairman
I concur
Mr. J. H. Morrow Member
I concur
Mr.,R. Cochrane Member