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HomeMy WebLinkAbout1981-0360.Thonigs.81-08-31IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: iLls. A. Tl;onigs and Grievor Before: The Crown in Right of Ontario Ministry of Health Employer Prcfessor K. Swinton - Vice-Chairman Mr. G. Beaulieu - tLIember Ms. H. Laing - Member For the Grievor: Ms. Astrid Thonigs (Griever) tMinistry of Health Kingston Psychiatric Hospital For the Employer: Mr. A. Greenbaum Human Resources Branch Ministry of Health Hearing: August 4, 1981 -i. In this grievance, Mrs. Astrid Thonigs has‘grieved about the method in which her employer, the !Minis’xy of Health, deducted union dues from her salary. IMrs. Thonigs became a member of the bargaining unit through broadbanding of her position into the bargaining unit in March, 1980. in August, 1980’ the employer began to deduct union dues from .her s&ry because of a new collective agreement provision requiring all employees in the bargaining unit to pay union dues unless exempted under %15(Z) of the Crown Employees Collective Bargaining Act, R.S.O. 1980, c. 108. That section authorizes the Public Service Labour Relations Tribunal tom order exemption from the payment because of religious convictions or belief, provided that an amount equivalent to’ union dues is remitted to a charity mutually agreed upon by the employee and union or, failing agreement, to a charity designated by the Tribunal. Mrs. Thonigs obtained an exemption ’ from the Tribunal dated November 28, 1980 (Ex. 1). Mrs. Thonigs grieves for several reasons: because she was not informed prior to the first deduction of union dues, so as to allow her to apply for immediate exemption; because union dues were deducted until February 12, 1981; and because the employer failed to recover those dues from the union. She was also upset because the deductions were deposited in a non-interest bearing trust account. Apparently the reason that the employer continued to‘~deduct dues was the failure of :Mrs. Thonigs and the -3- union to agree to a charity until January, 1981. While one might sympathize with (Mrs. Thonigs’ frustrations in this case, this Board can offer her no. remedy. As we stated at the hearing, she is requesting this Board to interpret and implement a decision of the Public S&vice Labour Relations Tribunal. This we cannot do. Our jurisdiction is limited to disputes under the collective agreement (s.lY(l)) and individual grievances relating to classification, appraisal and discipline or discharge (s.18(2)). The present case falls within neither category of dispute, as the griever has asserted rights based on the legislation. Therefore, as this Board lack; jurisdiction to deal with this matter, the grievance is dismissed. DATED AT TORONTO this 31st day of August, 1981. Prof. K. Swinton - Vice-Chairman I concur Mr. G. Beaulieu - Member I concur t&. H. Laing - Member