HomeMy WebLinkAbout1987-1515.Laginski.88-02-29ONT*RLO CRoryN EW‘OIEES
GRIEVANCE
BB BOARD SETTLEMENT
Between:
Before:
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
OPSEU (C. Laginski)
and
The Crown in Right of Ontario
(Ministry of Natural Resources)
M.V. Dissanayake Vice-Chairman
F. Taylor Member
R. Roberts Member
For the Grievor: Tim Hadwen
counse 1
Cavalluzzo, Hayes & Lennon
Barristers and Solicitors...
For the Employer: A. P. Tarasuk
Counsel
Tarasuk
Barrister and Solicitor
February 11, 198R
Grievor
Employer
- l-
Decision
This is a grievance wherein the grievor alleges
that his lay-off was in contravention of article 3.20.1
of the collective agreement.
At the commencement of the hearing the parties
filed with the Board an agreed statement of fact. After
considering the submissions of the parties and the facts
agreed upon the Board orally ruled that it dismisses
the grievance. The Board gave the following as reasons
for its decision.
“On a reading of the applicable provisions
of the collective agreement and the
statement of intent dated August 27,
1985 it is clear:
(a) that a lay-off is to be based
on seniority5
(b) that seniority is to be calcu-~
lated on the .basis of hours worked! and
(c) that in calculating seniority,
only service accumulated since January
1, 1984, is to be considered.
The Board has sympathy for the grievor’s
claim that these provisions can potentially
have harsh ,conseque.nces for him. Nevertheless,
on the basis of the above criteria and the
- 2 -
agreed statement of fact there can be
no doubt that the grievor was the most
junior employee for purposes of lay-off.
Accordingly no contravention of the
collective agreement has been made out.
This grievance is hereby dismissed.”
The foregoing oral ruling of the Board is hereby
confirmed.
Dated at Toronto, Ontario this 29 th day of February,
1988.
Nimal Vi bissanayake
Vice-Chairman
Me mbe r
H. Roberts
Member