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HomeMy WebLinkAbout1988-0625.Alam.86-12-07 ONTAF~IO EMPLOYES DE LA COURONNE CPO WN EMPL 0 YEES DE L'ONTA F~IO GRIEYANCE C~OMMiSSlON DE SETTLEMENT REGLEMENT - BOARD DES GRIEFS 180 DUNDA~ STREET WEST, TORONTO. ONTARIO. M5G 1Z8-SUITE2100 TELEPHONE/T£L~PI'~ONE 180, RUE DUNDAS OUEST. TORONTO, (ONTARIO) MSG IZ8 o BUREAU 2?O0 (416J 598-0688 625/88 IN THE MATTER OF AN ARBITRA?ION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (M. Alam) Griever - and - The Crown in Right of Ontario (Ministry of Community and Social Services) Employer Before: D. Kates Vice-Chairperson P. Klym Member D. Wa]kinshaw Member For the Griever: Neil Wilson Counsel Gowling & Henderson Barristers and Solicitors For the Employer: Stephen Patterson Legal Services Branch Community & Social Services For the 3rd Party: Bill Nolin 55 St. Clair Ave. E. Suite 625 HEARINC: November 24, 1988 DECISION The employer, having regard to the agreed facts, established a prima facie case of a breach of the time limits under Article 27.2.2 of the co]lectlve agreement with respect to the presentation of the grievor's grievance. The trade union has provided no evidence upon which a findin.g could be made with respect to a waiver by the employer of the mandatory time limits for the presentation of the grievance, Moreover, even assuming but without finding that the decision in Re: 0PSEU (P. $inGh) and the Crown in Right of 0nta'~io (Ministry of Transportation) dated 3uly 22, 1988 (Fisher) represents a ~ound interpretation of the relevant provision of the collective agreement there under consideration, the case before us is clearly distinguishable on its facts from the foregoing precedent. According/y, the grievance is denied for want of jurisdiction, Dated at TOronto this 7th of December, 1988. D. Kate$, Vice-Chairperson P, Klym, Member D. Wa~ktnsbaw, Memb.r