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HomeMy WebLinkAbout1991-2593.Gordon.94-02-14:~',i ~ ~ ' ' ' ~ '" ONTABtO EMPL. OY~$DE LA GOUF(ONNE .... .'., . .,.... ~':~ , CF'OWN EMPI-OYF~$ DE L 'ONTAt~IO 180 DUNDAS S't"REET WEST, SUITE 2100, TORONTO, ONTARIO. M5G lZ8 TELEPHONEIT~L~-Pt'iONE: (4 ~6) 326-135B t$O, RUE DUNDAS OUEST, BUREAU 2100, TORONTO [ONTAI~IO). M5G IZ8 FACSII',."]fLE/TL~L~COPIEBi (415) 326-- 1396 2593/91 IN THE MATTER OF AN ARBITRATION Under. THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN : OPSBU (Gordon) Grievor - an4 - The Crown in Right of Ontario (Ministry of Transportation) Employer BEFORE: W. Kaplan Vice-Chairperson M. Lyons Member D. Halpert Member FOR THE G. Gordon GRIEVOR FOR THE J. Monger .~NION Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE Mi Failes EMPLOYER Counsel Filion, Wakely & Thorup Barristers & Solicitors HEARING January 14, 1994 Introduction By a grievance dated December 3, 1991, Grant Gordon, a seasonal employee of the Ministry of Transportation in Kingston, grieves a violation of the Collective Agreement. The case proceeded to a hearing 'in Toronto, at which time counsel for the parties 'and the grievor made .submissions. The facts of this matter are not complicated. The grievor is a seasonal snow plow operator, and generally works out of the Barriefield Patrol near Kingston. In 1991-1992, he was not recalled to the Barriefield Patrol. His duties were assigned to a full-time employee of the Ontario Public Service. The grievor was, however, recalled to another patrol near Kingston. Union counsel advised the Board that the union did not take issue with this assignment, nor did it believe, on these facts, that any provision of the Collective Agreement had been infringed. Accordingly, union counsel asked that the grievance be dismissed. In employer counsel's submission, as there was no dispute between the parties, and, as the grievor did not have the right, in these circumstances, to proceed with the case, the grievance should be dismissed. Counsel referred to Harrison/Leach 2551/91 (Watters) in support of this proposition. Mr. Gordon was then invited to address this jurisdictional issue, and 'he made some submissions with respect to his case. Suffice it to say that these submissions did not pertain in any respect to the Board's jurisdiction ., to 'hear a case where the parties were agreed that there was no difference between them. Decision In Harrison/Leach the Board stated that: · ...individuals, in contrast to parties, do not possess a separate right to arbitrate 'under either the collective agreement or CECBA. It naturally follows, therefore, that the present grievors cannot in this proceeding insist on the arbitration of their Complaints absent the concurrence of the Union. If these employees believe they have not been fairly treated by their bargaining agent, they have a.statutory right of .remedy in section 30 of CECBA (at 6). In the instant case, the parties are agreed that there has been no violation of the Collective Agreement. The parties are also agreed that the grievance should be dismissed. For the reasons set forward in Harrison/Leach, and the cases referred to in that award, we find that the grievor has no right to proceed before us with his claim, and, as requested by. the parties, we direct that his grievance be dismissed. DATED at Toronto this Z~th day of February, 1994. William Kaplan · Vic~Chairpe~on ' ~. Lyons/--- Member ,~ ' Member