Loading...
HomeMy WebLinkAbout2002-0610.OPSEU Union Grievance.02-08-02 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#0610/02 UNION# 02U142 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Union Grievance) Grievor -and- The Crown in Right of Ontario (Management Board Secretariat) Employer BEFORE Ken Petryshen Vice-Chair FOR THE UNION Donald Eady Counsel Paliare Roland Rosenberg Rothenstein LLP FOR THE EMPLOYER Leonard Marvy Senior Counsel Management Board Secretariat HEARING July 31, 2002. 2 DECISION In a grievance signed by Ms. L. Casselman dated June 27, 2002, the Union alleges that the Employer has failed to comply with three Memoranda of Settlement which were ratified on May 5, 2002. In particular, the Union claims that the Employer has not met its obligation as set out in paragraph 3 in each Memorandum which provides that “retroactive adjustments shall be paid as soon as reasonably possible after ratification by both parties”. Paragraph 3 also provides that any adjustment to the wage rates shall be paid for all hours worked retroactive to January 1, 2002. The Employer intends to fully implement the retroactive adjustments on October 10, 2002, and will make an interim retroactive payment to OPSEU employees on August 1, 2002. The Employer takes the position that its plan for the retroactive adjustments is reasonable in the circumstances and that the Union’s grievance has no merit. At the hearing on July 31, 2002, counsel for the Employer requested that the hearing be adjourned. After considering the parties’ submissions with respect to the Employer’s motion, I ruled orally at the hearing that an adjournment was not appropriate in the circumstances and dismissed the motion. After discussing procedural and other issues with counsel, it became apparent, having regard to the lateness of the hour and the number of hearing days required for this proceeding, that the best course was to proceed with the matter on subsequent hearing dates. Accordingly, the hearing of this grievance 3 will continue on Monday, October 28, Monday, November 18, Friday, November 22, Friday, December 6, 2002, and Monday, January 27, 2003. Dated at Toronto, this 2nd day of August, 2002. Ken Petryshen – Vice-Chair