HomeMy WebLinkAbout1981-0418.Jackson and Wallace.82-07-12418/81
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'IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between:
Before:
For the.Grievors: G. Richards Grievance/Classification Officer
Ontario Public Service Employees Union
For the Employer:
heari=: -.
OPSEU (Leslie Jackson and
Kenneth Wallace)
- And -
Grievors
The Crown in Right of Ontario
(Ministry of Iiealth) Employer
R.L. Verity, Q.C. Vice Chairman~
H. Weisbach Member
H. Laing Member
S. Asselstine
Regional Personnel Administrator
Ministry oft Health
March 22, 1982
G ./ ;j;. '
.
-2-
A IV A R D
Both Grievers, Leslie Jackson and Kenneth hallace, are
employed at the Klngston Psychiatric Hospital in the classification
of Rehabilitation Counsellor 2. These identical .Grievances allege
improper classification and request the remedy of reclassification
to Social Worker 2 retroactive to the date the issue was first raised
with Management.
At the outset of the Hearing, and prior to the introduction
of any evidence, the Employer raised the preliminary objection that
., the Board had no authority to hear the merits of either Grievance.
Briefly, the issue is whether the Board has jurisdiction to hear the
merits of Grievances where the re-classification relief requested is
in another classification category in a separate class series.
After hearing argument restricted solely to the juris~dictional
issue on March 22nd, 1982, the Board requested each of the Parties to
submit written argument. Subsequently, verv extensive and ab,le written I
argument with supporting precedents, was submitted by each of the Parties
to the Board.
Having reviewed the written briefs presented, this 3oard is ,
of the opinion that we are without authority to.determine t!le merits
of either Grievances based on the rationale of.tuo previous Grievance
Settlement Board Awards, both being ‘.Awarde of Vise-Chairman R. J.
Roberts -- See Uichael Brecht et al and the ?linistry of Community
I
al Services, 171/81 and Darlene Davis and the Ministry of
y and Social Services, 170/81. The Board is aware that these
re presently the subject of judicial review.
Accordingly, we must uphold the merits of the Employer’s
;ry objection, and decline jurisdiction to consider the
f either Grievance.
DATED at Brantford, Ontario, this 12th day of July, 1982.
B.L. Verity, Q.C. Vice Chairman
“1 concur” (see addendum attached)
H. Weisbach tiember
K. Laing Member
! above
iecision.-
1 have
zer readlng
nistry of.
!ne Davis
IS, 170/81
?a
ioIl of
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