HomeMy WebLinkAbout1984-1634.Cole.86-02-10Between:
Before:
INTHEMATTEROFANARBITRATION
Under
THE CROW mms ComIvE fTARcAIfy?NG Acr
lkfore
THE GRIEVANCE -BoAw)
OPS!ZU (J. Caman Cola)
and
The Crown in Right of Ontario Qlinist7.y of Goverimnt Services)
R.J. Eelisle Vice-Chairman
J. McMams M&r
A.G. Stapleton Member
For the Grievor: N. Luczay Grievance Officer O.P.S.E.U.
For the Employer: P. Van Home Manager, Staff Relations
Ministry of Governmnt Services
Griever
Fnployer
December llth, 1985
AWARD
The grievor was eligible for retirement effective
December 1, 1984. By letter dated March 22, 1984 (Exhibit 2),
the grievor requested an extension of service until May 24,
1985. By letter dated April 10, 1984 (Exhibit 31, the request
was denied. Section 17 of the Public Service Act provides:
Every civil servant shall retire at the
end of the month in which he attains the
age of sixty-five years, but, where in the
opinion of the Commission special
circumstances exist and where his deputy
minister so requests in writing, he may be
reappointed by the bieutenant Governor in
Council ,for a period not exceeding, one
year at a time until the end of the month
in which he attains the age of seventy
years.
The grievor complains that ‘his request was “denied unjustl.y’and
with discrimination”.
The Bmployer raised a preliminary objection to the
arbitrability of this matter. Counsel for the grievor accepted
that the grievor was not dismissed from his employment and his
case then seems to be identical to that of Keire, 111/83
(Jolliffe). We agree with the award there made that there is
nothing in the Collective Agreement nor in The Crown Bmployees
Collective Bargaining Act that would give this Board
jurisdiction to consider the reasonableness of the Bmployer’s
decision. The grievance is accordingly dismissed.
-2-
Dated at Kingston, Ontario, February 10, 1986.
/
J. McManus, ?iamber