HomeMy WebLinkAbout1980-0259.Allin et al.81-09-09 CROWN EMPLOYEES
GRIEVANCE
SETTLEMENT
BOARD
180 DUNDAS STREET WEST. TORONTO. ONTARIO. M5G rZ8-SUITE 2100 TELEPHONE' 4161596-0688
259/80
IN THE MATTER OF AN ARBITRATION
Under The
CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GR EVAivCE SETTLEMENT BOARD
Between : Union Group Grievance
(G . Allin et a1)
- And -
The Crown -n, Right of Ontario
(Ministry of the Envircnme.nt)
Before : E . E . Palmer , Q .C . 'Dice Chairman
A . G . Stapleton Member
L . Robinson Member
For the Grievors : I . Roland, Counsel
Cameron , Bre:ain & Scott
For the Emplover ; R. B. Itenson , Staff ?relations Offic°-r
Civil Service Commission
Hearing : May 20 , 1981
I
The instant grievance axis s our of
facts not in dispute betrlOen the parties . Thew read:
1 . The grievance concerns five employees employed by
the Ministry of the Environment at Chatham, ontar_o .
All of the employees had been employed for Sore than
one year and less than five years at My y , 1379 .
2 . The employees worked at the sewage dispcsa_ plant ; _
C aYham,_. Ontario . This undertaking was transferred by
_
the ministry of the . n7iro:::"- ent to the City ti._ Chatham
effective July 1 , 1979 .
3 . The :=Ministry of the Environment ceased to be the
employer of the employees and the City of Chatham
became the employer at the time of transfer of the
undertaking. _
. The employment of the emplojees was not interrupted and
the employees performed the same job factions at the
job site at the same terms and conditions of employment.
5 . Prior to the transfer of the undertaking two meetings
were held between Ministry representatives and the
employees any'. a union representative . The first meeting
occurred on October 13 , 1978 at the job site. a l .
employees were =resent . Mr. Tony Berry represented the
Ministry and Mr. Leon Farley was the area representative .
for O. P.S .F. U. At this meeting the transfer was dis-
cussed and the employees were informed that the transfer
date would be April 1 , 1979 . The employees were also
informed that if they wished to remain in the employ cf
the Ministry they would be dealt with in accordance wit
Article 24 of the Collective Agreement, but the =Minis___
could not otherwise guarantee the employees a job. No
employee indicated a desire at that time or at any other
time to remain in the employ of the Ministry .
6 . The employees were subsequently informed that the transfer
date was charred from April 1 to July 1, 1979 . Another
meeting was held with the employees on March 29 , » 1 979' ao which
time Pauline Seville, a representative o_` O.P . S . C. ;.". , was
I present.
j 7 . Those employees of the Ministry of the Envfronveot ;vhc hai
completed more than five years employment receives:
severance payment pursuant to Article 14 . 3 ;b? of c:e
Collective Agreement .
Additionally , the Union called one of the zersons affacrEd in
zhis case. Mr. ✓. W. More . Mr. More indicated that pricr
a. outlined above he had been an employee in Chatham with
the HInistry of Environment. At the time in question he had some
four years, one month, employment with the Employer . He indicamad
that he was given the opticn to stay in the empicyment A the
Employer and use his seniority to see if he' lculd obtain the job;
but he opted not to #a this . At this time he was also of that
he would not receive sever4nce pay.
Mr. More also testified with respect to the prchlams
he encountered as a result of his change of employment, a •cng other
things indicating he had to pay some three hundred dsilars extra
to equalize his pension with his new Employer and that he icst a
number of opportunities such as pension - indaxing and the right
to early metirement. Obviously, there were certain other problems
that would occur with a new Employer.
Given the foregoing, it was the nosition of the Union
in this case that one should look at Section 14 . 3 (a) of the
Collective Agreement in effect at the time of tHe arievance
(now Article 52 . 3 (a) in the present Collective Agreement] , whic':!
reads :
14 . 3 An employee who is appointed on or after
the lst day of january , 1970 is entitled t3
severance pay for each year of ccntinucus
service and ceases to be an employee becauss of
( 1) death ,
(ii) retirement pursuant to ,
II
7
r
sect_on 12 or 1-3
Su-erannuation �ct, or
U-4i) release Jfrci� employment
4 orz section 22 or T's Se_=Lce
in an amount ecual to one week c--z salary fcr ;e�_!:::.
Year of service;
.n
in t�,e instant Cas:_=, i7- was the �cs_ 7 Jticn o: e 7 40n -:-a--
�
'
SI-Iould then look a- _ Section 22 ( 4) o
R. S .O. 1`970 , c . 386 (as w h_4 ch
22 . 4 A d eG u ty m J.n i s tt e r ay r e I e S e Z r C _'n.C 10 v s
in accordance with the regu lat-ions any -ub I
servant. where h -
e considers it- necessa_y .=
ta- -if -.iork or -u-ds or t e
h
reason o h
' sor ge o-
alnoLition o_F a Dosition or ogler m a 7-e r a I
change in organization .
B�-iefly, it was 4--.'?,.e position of t'he U-ion t-hat- what had Occur_-ed
in this situation was either positions had been abo7iS�
ed4 1V
--her ma-eria , chancre ' n the
.144nisl-ry or -here had been some "ot
orcanization" which resulted in the release .rein emplovment of
the grievors . To buttress t-his i)oint, it was noted tzha-_
sections of the Public Service Act dealt- with various othe.r -_ayS
,nat em210vnent Could" '_-e lost. !-.-o-- exam.-ple, under Section 1-6 0--z
that legislation there was provJsJon for loss of employmen-
cause; under Section 17 cuestions of retirement; under Sec-' 4 ^n 10
cessation o` employment by resignation; under Section 20 bv a'--andonment
o_f a job; and a of ct-he_r subsections in Section 22 wnic`
for loss o.' emQ1ov-ment- by a nun,-'-er or means . The thrust- c-- znese
ooints were to indicate "L -at losses of emoicy-ment are
S 7 ar S�an Case 7�,,US '-e
-_'n is leg I' s lat i-on and a.CCordinC Union, 'a e a ..-
provision to n1ace theSe under is Sect-ion 212
Add i tiona I__v , the U.n.ion re fe rred to _`Ine S C---s SC
;Crown T-a- fe-3 C-t, ', a 77 , q_. -S 077 / c. 30 s a z
R= S- I ve r-.,;c-d ED a ?s , 12 7 C , N
( 2d) 22" e a 37E '
2 s n e c to -e cblitJon of successor emp oya �s
_U_
however '-I' s is feaiiy rot of -real ass2.starca -' n
of this matter.
in any event- , the ',:nice, on -he basis CZ -He -Coreg-- n-
-akes view -hat t Tit'' g-4 _VorS
are entitl-_d ts pay:nent -.:n der
Zr tic 1 e IL 4 . 3 . of t--In-_ Co I I e c ti v e A a r e em en t. as �_.:i e v -:ad 1D e Pi: r e I a S ed .
`--m emoiovment under Section 22 ' ,1) of The Public Service �Mct, as
out+iined albove'. They therefore request t. t a n Ord e r ZZ_r o:n t.:4 S
o
t
Board requiring the appropr-late payment L_ the g_rlevors .
The basic nositir,7, of' the Emp'C%-e- 4 -1 this ma -tar J
Section 22 (4) of TI-e Service Act had no avolicatL' 13_
-i -stant case as the grievors were not- released fr-rc-m. =_r7m_! 2yMe7".-' Ln
this case . They st-ressed that an the -facts the crr_; e%,ors were ne%-er
without emclovment, such not being intarruDted by the chy-ge - R a-_!-i a
.chat had occurred he--e, in their coin-icn, ,.;as a c-anze
which had no affect on tha terms c5 --::)lovmen- o4! -he cz -' -vcrs . i
another av ,f t o' t-r ace r A r t_` c 1e 1 x . 3 (a) of the C o I I a c ti v Ac:r-2 e.-.en z
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