HomeMy WebLinkAbout1982-0451.Campbell.86-02-27 ONTARIO
CROWN EMPLOYEES
GRIEVANCE
SETTLEMENT
BOARD-
. 180 OUNOAS STREET WEST, TORONTO. ONTARIO. M5G 1Z8-SUITE 2100 TELEPHONE= 4161598-0688
February 27, 1986
MEMORANDUM TO: All Vice-Chairman and Members of the
Grievance Settlement Board and the
Public Service Grievance Board
RE: 451/82
OPSEU (Terrance H. Campbell) and Crown/Ontario
(Ministry of Citizenship and Culture)
(Jolliff a/McM anus/I.obraico)
Enclosed herewith, for your information, is a copy of the Notice of Application for
Judicial Review together with the reasons for judgment of the Divisional Court.
. V�n�7nis'�'s T:
Registrar
TAI/ss
Encls''.
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IN THE SUPREME COURT OF ONTARIO
DIVISIONAL COURT
IN THE MATTER OF The Judicial Review
Procedure Act , R.S .O. 1980 , c . 224 ;
AND IN THE MATTER OF The Crown
Employees , Collective Bargaining Act ,
R.S .O . 1980 , c. 108 ;
AND IN THE MATTER OF the decision of
the Grievance Settlement Board,
dated the 12th day of December, 1983
with respect to the grievance of
TERRENCE H. CAMPBELL .of the Ministry
of Citizenship and Culture
B E T 1V E E N :
HER MAJESTY THE QUEEN
IN RIGHT OF ONTARIO
Applicant
-and-
ONTARIO PUBLIC SERVICE
EMPLOYEES UNION
Respondent
NOTICE OF APPLICATION
FOR JUDICIAL REVIEW
TAKE NOTICE that -the Divisional Court will be moved
by counsel on behalf of .the Applicant , on a date to be fixed
by the Court , for judicial review of the decision of the
Grievance Settlement Board, dated the 12th day of December,
1983 and for an Order Quashing and setting aside the said
decision on the following grounds :
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(a) the majority erred at law by finding , contrary
to the evidence , that the grievors supervised
subordinate archivists ;
'(b) the majority erred at law by placing undue
reliance on the position specification for an
Archivist 3 ;
(c) the majority erred at law by comparing the
work done by the grievors to the standard for
Archivist 3 ;
(d) the majority erred at law in its interpretation
of the word "management" in the context of
"Archival Management Work" ;
. (e) the majority erred at law by supplementing the
definition of the class standard for Archivist 3
with the evidence of the grievor , Ms . Craig , even
though such evidence was applicable to the class
standard for Archivist 2 . In particular, the
majority purported to rewrite .the class standard
for an Archivist 3 through its decision ;
(f) the majority erred at law in finding that the
gtievor's duties and responsibilities were closely
-3-
corresponded with those referred to in the
Archivist 3 standard; and,
(g) ' the majority erred in law and in jurisdiction
in construing the collective agreement and in
,placing thereon an interpretation that the
language could not reasonably bear ;
and such further and other grounds as counsel may advise .
AND TAKE NOTICE that in support of such application
will be read the award and record of the Grievance Settlement
Beard, the exhibits therein referred to , and such further and
other materials counsel may advise and this honourable Court
permit .
AND TAKE NOTICE that if you wish to oppose this
application, you shall file an Appearance on or before the
date upon which the application is returnable .
AND TAKE NOTICE that in default of filing an
Appearance, you are not entitled to file any material on the
application.
DATED at Toronto this 22nd day of 'February , 1984 .
ARCHIE CAMPBELL
Deputy Attorney General
Ministry of the Attorney General
18 King Street , East
Toronto , Ontario
Per: Dennis 11. Brown, Q-C ,
Counsel for the Applicant
-4-
T0 : Ontario Public Service Employees Union
1901 Yonge Street
Toronto , Ontario
M4S 2Z5
AND TO: Grievance Settlement Board
Suite 2100
18Q Dundas Street , W.
Toronto , Ontario
4'
i
l
IN THE SUPREME COURT OF ONTARI
DIVISIONAL. COURT
BETWEEN:
TIER MAJESTY THE QUEER' IN �
RIGHT OF ONTARIO
Applicant
- and-
ONTARIO PUBLIC SERVICE
EMPLOYEES UNION
Respondent
NOTICE OF APPLICATION
FOR JUDICIAL REVI E-W
ARCHIE CMIPBELL
Deputy Attorney General
Ministry of the Attorney General
18 King Street , E .
Toronto , Ontario
Per: Dennis IV. Brown , Q. C.
Counsel for the Applicant
IN THE SUPRM COURT OF ONTARIO �+ at
DIVISIONAL COURT ` ��
IN THE MATTER OF The Judicial Review s-2.
Procedure Act, R.S.O. 1980 , c. 224 ; I '
AND IN THE MATTER OF The Crown
Employees Collective Bargaining Act ,
R.S.O. 1980 , c. 108 ;
AND IN THE MATTER OF the decision of
the Grievance Settlement Board,
dated the 12th day of December, 1983
with respect to the grievance of
TERRENCE H. CAMPBELL of the Ministry
of Citizenship and Culture
BETWEEN:
HER xLAJESTY THE QUEEN
IN RIGHT OF ONTARIO
Applicant
•and-
ONTARIO PUBLIC SERVICE
EMPLOYEES UNION
Respondent
YHE SIJPREtdE C011R7 OF ONJAR10
FILED
R E C O R D
APR V84
REGISTRAR S. C. O.
DIV1510hAL COURT OFFICE
COWLING F HENDERSON ARCHIE CA.HPBELL
Barristers F Solicitors Deputy Attorney General
Suite 402 'Ministry of the attorney General
181 University Avenue 18 Kling Street , East
Toronto , Ontario Toronto , Ontario
Chris G . Paliare Per: DENNIS 11• BROWN, Q.C.
Counsel for the Respondent Counsel for the Applicant
DIVISIONAL COURT
BEFORE: HENRY, J. , " SOUTHEY, J. & BARR, J.
DATE: MARCH 20, 1985.
DISPOSITION: THIS
APPLICATION IS dismissed with costs .
While we may not agree with the test applied by the Board
in the passage from its award quoted in paragraph. 12 of
the Applicant 's factum, i.e. "that their duties and responsibilitie
correspond generally with those referred to in the Archivist
III standard" we cannot say that it resulted from a patently
unreasonable interpretation of Article 5. 1.2(b) of the Collective
Agreement .
We are also of the view that there was some evidence to
support the Board' s decision in favour of the grievors when
it applied that test.
Therefore there was no jurisdictionalerror and the application
must be dismissed.
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