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HomeMy WebLinkAbout1988-1111.Molnar.89-11-14 ON~ RIO EMPLOYES DE ~ COURONNE · . CROWN EMPLOYEES DE L'ONTARIO '~ ' GRIEVANCE CQMMISSION DE SE3-rLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WES~ TORONTO, ON.RIO..M5G 1Z8. SUt~ 2100 TELEPHONE/T~LJPHONE ~8~ RUE DUNDAS OUES~ TORONTO, (ON~RI~ M5G 1Z8-8UR~U 2100 ~1§) 5~.0~8 1111/88 __ IN TME MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD* Between: OPSEU (Molnar) ' Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) . Employer _ Before: R.J. Delisle Vice-Chairperson J. Solberg Member H. Knight Member For the Grievor: A. Ryder Counsel Ryder,. whitaker, 'Wright ~nd Chapman ~ Barristers & Solicitors F. campbell Counsel Gowling, Strathy & Henderson Barristers & Solicitors R. Field Grievance Officer Ontario Public Service Employees Union For the Employer: P. Young Counsel winkler, Filion & wakely Barristers & Solicitors ~earin~: March 14, 1989 AWARD The grievor complains that he has been "discriminated against by my immediate field supervisor", and seeks a declaration that his "employer's actions were incorrect and discriminatory.'' The specifics of grievor's complaint arise out of his supervisor's direction to him to He responsible for picking up a van and survey equipment and transporting the same along with the rest of the survey crew to the job site~ Grievor's counsel argued that this was punishment amounting to discipline and arbitrable. The Ministry's position is that the .matter was simply a work assignment, not discipline, and therefore nog arbitrable. Grievor's counsel undertook to lead evidence to satisfy us that this was discipline and so satisfy the Ministry's preliminary objection. The grievor testified. ~He noted that it was the Survey Party Chief's responsibility to direct who will pick up the van necessary to the survey task. On this occasion the grievor was directed to perform this task. He described the route necessary for him to follow from his residence to'the yard where the van was stored and from there to the job' site. He also described the compensation that he would receive'and how that compensation had recently, just prior to .his assignment,~ changed from cash for travel time to lieu time. The grievor noted that he was unhappy with this change. In,cross-examination he was asked if he believed 'that the Party Chief was "picking on him" and he said no. On the evidence presented there is nothing to suggest that the grievor was being punished or disciplined. On the facts this was simply a work assignment with which the grievor disagreed. This disagreement is not arbitrable. Dated at Kingston this !'4th day of .N0vembe~., 1989. R. J. Delisle, Vice-Chairperson "I dissent" (Without written reason) J. Solberg, Member \ \ .,. ( I'-I. Kn±ght,