Loading...
HomeMy WebLinkAbout1986-0777.Sabo.90-03-076:; ONTARIO EMPLOY&DE LA COURONNE cFowN EMPLOYEES DEL’ONTARIO GRIEVANCE CQMMISSION DE SEllLEMENT REGLEMENT BOARD DES GRIEFS BETWEEN: BEFORE: FOR TAE GRIEVOR: IN TEE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before TEE GdIEVANCE SETTLEMENT BOARD FOR TBE EMPLOYER: HEARING: OPSEU (Sabo) Grievor - and - The Crown in Right of Ontario (Ministry of Community & Social Services) N.V. Dissanayake W. Shipman H. Roberts Employer Vice-Chairperson Member Member R. Wells Counsel Gowling, Strathy & Henderson Barristers & Solicitors S. Patterson Counsel Legal Services Branch Ministry of Community & Social Services February 7, 1990 2 DECISION This is a classification grievance. By decision dated December 14, 1988, the Board found that the grievor was improperly classified as Clerk 5 (General). The Board directed that the grievor's position be properly classified and that the new classification should be retroactive to February 14, 1983. The Board remained seized for purposes of determining the appropriate classification and in the event that the parties encounter difficulties in the interpretation or implementation of its decision. The matter came back before the Board on February 7, 1990 because the parties had been unable to agree upon the implementation of the Board's decision. However, during the course of the hearing on February 7, 1990, the parties engaged in discussions and were able to agree that the proper classification pursuant to the Board's decision is as OAG12. The parties requested that the Board make an order in accordance with its agreement. The grievor further indicated that she was withdrawing the grievance in GSB file no: 2134186 as part of the agreement. The only issue that remained in dispute was whether the grievor was entitled to interest on the monies owed to her as 3 a result of the retroactive reclassification.. After receiving submissions on the issue the Board ruled orally that there was no reason not to award interest. Having regard to the foregoing, the Board makes the following order: (a) The Employer is directed to forthwith reclassify the grievor's position as OAG12. (b) The grievor shall be paid interest on monies owed to her as a result of her retroactive reclassification, in accordance with the calculations set out in Hallowel House Limited (1980) OLRB Rep. Jan 35 (c) The grievance in GSB file no. 2734186 is withdrawn. In accordance with the agreement of the parties the Board remains seized in the event the parties cannot agree upon the implementation of the Board's order. Dated this ‘&?l day of March, :' 1990 at Hamilton, Ontario Nimal V. Dissanayake B. Roberts Member