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HomeMy WebLinkAbout1988-0143.Pires.88-09-13,.,, : ~ "~. ONTARIO ,... ~ .~ .. ', CROWN EMPLOYEES : -~ ~',~ GRIEVANCE SETTLEMENT BOARD 180 DUNDAS STREET WEST, TORONTO, ONTARIO. MSG IZ8 - SUITE 2100 TELEPHONE: 416/598.0688 Ot 43/88 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Clara Pires) Grievor and The Crown in Right of Ontario (Ministry of Health) Employer Before: B.B. Fisher Vice-Chairman H. O'Regan Member G.J. Milley Member For the Grievor: D. Wright Counsel Gowling and Henderson Barristers and Solicitors For the Employer: M. Quick Counsel Legal Services Branch Ministry of Health Hearing: August 12, 1988 DECISION This case involves a grievance filed by Ms. Pires in which she alleges that she was disciplined in January, 1988 by means of a demotion. The employer raised a preliminary objection that the Board had no jurisdiction to review this matter because of Section 18 (1)(a) of The Crown Employees Collective Bargaining Act which makes the "complement, organization and assignment" of the work place an exclusive management right. However, it appeared that the Union was alleging that the change in position of the gfievor was a form of disguised discipline and therefore, the Board decided to hear evidence on the issues before ruling on the preliminary objection. Insofar as the employer was denying that the actions it took constituted discipline, it was agreed that the onus of proof was in/t/ally upon the Un/on to show that there was discipline. The employer agreed at the onset of the case that if there was discipline, they would not be claiming that there was any just cause for such discipline. Complete oral reasons on the merits of the case were given on August 12, 1988 and, on the consent of the parties it was decided that it was not necessary to repeat the findings of fact in a written award. The grievance is ther~dismissed~ Dated this 13th ~t~0~f. September, 1988. /~.~'.,~ ,l~r~4sher, Vice Cllairman U. Milley, Memt~er