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HomeMy WebLinkAbout1987-1621.Dollin.89-07-27EMPLoY.ss DE LA COURONNE DE ÔÇťoNTARI* COMM,SS,ON DE SE-KLEMENT RkGLEMENT DES GRIEFS Between: Before: IN THE MTTER OF AN ARBITRATION Under Before TRE GRIEVANCE SETTLEMENT BOARD TELEPHONE/TELEPHONE ,rrs, 5smeas 1621/87 OPSEU (Dollin) Grievor - and - For the Grievor: POK the Employer: Eearinq: The Crown in Right of Ontario (Ministry of Government Services) Employer N. Dissanayake Vice-Chairperson P. Rlym Hemher D. Walkinshaw Hemher D.I. aloom Counsel Cavaluzzo, Hayes & Lennon Barristers & Solicitors .* P. Young Counsel Winkler, Filion & Wakely Barristers & Solicitors May 31, 1989 2 DECISION This is a classification grievance dated January 26. ' 19E7. At the commencement of the hearing, Counsel for the grievor advised the Board that subsequent to the fiilng of the grievance the grievor had resigned from the government services in Aprii 1988, and that the union had been unable to locate the grievor despite considerable efforts to do so. In the circumstances, the union was not in a position to proceed with the hearing. Counsel informed the Board that the Employer is of the view that the grievor had withdrawn this grievance prior to his resignation. The only comment he had about that is that no documentation indicating a withdrawal was found in the union's file relating to this grievance. The Board indicated that in the circumstances, and in the absence of a motion for adjournment, it was inclined to dismiss the grievance for lack of prosecution, but invited the Counsel for the Employer to tender his position. Counsel's position was that the grievance had been withdrawn and he sought leave to establish the withdrawal through a witness. A hand written document was tendered through the witness Mr. Adolf Crankovic, who was the grievor's supervisor at the time. The note reads: "I Gerald A. Dollin in good faith withdraw all grievances up to November 12. 1987". and is legibly signed "Gerald A. Doilin". Mr. 3 Crankovic testified that on November 12, 1987, the grievor walked into his office and handed this document and stated words to the effect that Mr. Crankovic had been good :o :he grievor and had got him more money and that as a result the grievor had decided to withdraw ail grievances against the Ministry. Mr. Crankovic testified that the comment about getting more money was a reference to the upgrading of the grievor's position in October, 1987, from a Clerk II to a Clerk III. The Board has compared the signature on the lettter of withdrawal with the signature of the grievor on the grievance form and they look remarkably similar. In light of the evidence before us, the Board is satisfied that the grievance before us had been withdrawn by the grievor and that accordingly we have no jurisdiction to entertain the same. Dated this 27th day of July, 1989 at Hamilton, Ontario Nimal V. Dissanayake Vice-Chairperson I Member