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HomeMy WebLinkAbout2000-1388.Walker.01-06-13 DecisionONTARIO EMPLOYÉS DE LA COURONNE CROWN EMPLOYEES DE L’ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT RÈGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TÉLÉPHONE: (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 600, TORONTO (ON) M5G IZ8 FACSIMILE/TÉLÉCOPIE: (416) 326-1396 GSB#1388/00 Union#01B008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Walker) Grievor - and - The Crown in Right of Ontario (Ministry of Community and Social Services) Employer BEFORE Richard Brown Vice-Chairperson FOR THE GRIEVOR Irit Kelman, Counsel Ryder Wright Blair & Doyle Barristers & Solicitors FOR THE EMPLOYER Meredith Brown, Counsel Legal Services Branch Management Board Secretariat HEARING June 7, 2001. Decision Mr. Walker’s grievance, dated November 27, 2000 is comprised of two parts: The employer has failed to recognize my full wage in respect of enhanced severance thereby under paying me. They have further violated my rights by having me perform the duties of a youth worker / court liaison while paying me as a driver. As recorded in a letter, dated December 18, 2000, from Dale Elliot to the grievor, the first part of the grievance was settled at stage two of the grievance process by the employer agreeing that “the Custodial Allowance will be included in the calculation of your termination pay.” I remain seized of the implementation of this settlement. As to the second part of the grievance, the employer contends it is inarbitrable because it deals with a matter of classification. The union does not contest the position taken by management on this point. In the absence of any dispute between the union and employer parties to the collective agreement, I am without jurisdiction to hear the second part of the grievance. See E. Blake and Amalgamated Transit Union, GSB File No. 1275/87, dated May 3, 1988. Dated at Toronto, this 13th day of June, 2001. Richard Brown, Vice-Chair. 2