HomeMy WebLinkAbout1985-1642.Union.86-09-25Between
Before
For the Griever:
1642185
IN THE MATTER OF AN ARBITRATION
- Under -
THE CROWN EMPLOYEES COCLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
For the Employer:
OPSEU (Union Grievance)
- and -
The Crown in Ri,ght of Ontario
(Ministry of Transporration-and Communications)
M.R. Gorsky
R. Traves
d.A. Peckham
P.A. Sheppard
Barrister & Solicitor
595 Bay Street
D.I. Wakely
Counse 1
Winkle=, Filion & Wakely
Barristers& Solicitors
Griever
Employer
Vice-Chairman
Member
Member
Hearing: August 22, 1986
INTERIM AW5RD
The Statement of Grievance (dated February 10, 1986) is as follows:
-“The Union grieves that the Ministry of Transportation and
Communications has violated the Collective Agreement with
respect to Working Conditions and Employee Benefits. The
violation arises as a result of the employer’s refusal
to negotiate the salary range for the new/revised
classifications of, but not limited to, that of the
existing Highway Carrier Inspector and Vehicle Inspector
series (Enforcement Officers), contrary to the provision~s
of Article 5 and Article 18 of the Collective Agreement.”
At the opening of the hearing the Board was asked to issue an Interim Decision
in accordance with the .following consent agreement arrived at by the.parties, which
was presented to the Board:
“1. The Union abandons any reliance upon the provisions of
Article 18 of the Collective Agreement.
“2. The hearing will be adjourned sine die, subject to the
following directions of the Board:
“(a) The parties will ask the Board to appoint two panels,
each panel to hear one classbfication grievance for
a Highway Carrier Inspector and one classification
grievance for a Vehicle Inspector.
..~.~.
“I The grievers, whose grievances are to be adjudicated
(as representative cases) will be selected as follows:
“(i) Within ten days of the date of this Interim ~Award
the Employer and the Union will exchange lists of ten
grievers in the Highway Carrier Inspection classification
and ten grievers in the Vehicle Inspection classification.
“(ii) If-the parties are unable to agree on the grievances to
be adjudicated, either from the liits exchanged or as
a result of negotiations arising after the exchange
of the lists, then the representative cases for each
panel are to be selected from the twenty names from
each classification submitted ~by the parties..-;
The names, so submitted, will be placed in a separate
receptacle for each classification and will be drawn by
3
the Registrar. The two names first drawn by the
Registrar, from each receptacle, will be the
representative grievances to be adjudicated.
“(iii) Within ten days of the completiowof the
selection process, the Union will furnish the Employer
with the particulars of any classification requested on
behalf of the grievers whos& cases have been selected
for adjudication. This direction (iii) is without
prejudice to the Union’s arguing that the Board may
order the Employer to create..~a~new classification.
“(iv) The Board will expedite the hearing dates of the
cases to be adjudicated, as above determined, in
consultation with the parties.
“3. The parties agree that,‘while the grievance
purports to involve a violation of Article 5.8 of the
collective agreement, there should be substituted an
allegation cla~iming a violation of Article 5.9.
“4. The above agreement of the parties be made an .’
order of the Board.
“5. That the above agreement is subject.to the
Employer being able to raise a preliminary objection
that the iine die adjourned grievance is inarbitrable
based on an argument that a violation of Article 5.9
cannot be dealt with by the Board in its present form
but should have been brought as individual grievances.”
Upon hearing the terms of the above agreement and the explanation that it
was intended to serve Asia means of disposing of 260 potential individual grievances,
and upon hearing what was further stated by counsel for the parties, ic is ordered,
on the special circumstances of this case, that the above agreement be, and the-same
is hereby made an order of the Board.
DATED & London, Ontario
This 25th day of September, 1986.
M. R. Gorsky Vice-Chairman
:
_.
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G. A. Peckham Menher
R. Traves Member