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HomeMy WebLinkAbout1992-0237.Hartley.92-09-17 -ONTARIO EMPLOYES DE LA COURONNE CROWN EMPL 0 YEE$ DE L'ON,TA RIO 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G IZ8 TELEPHONE/TELEPHONE: (4 16) 326- 1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO)· M5G IZ8 FACSIMILE/T~L~COPlE : (416) 326- 1396 237/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMpLoYEES COLLECTIVE'BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Hartley) Grie~or - and - The Crown in Right of Ontario (Ministry of Health) -Employer BEFORE: J. Devlin~ Vice-Chairperson FOR THE A. Lee GRIEVOR Grievance Officer Ontario'Public Service EmPolyees Union' FOR THE B. Doherty EMPLOYER Staff Relations officer Management Boa~rd of Cabinet HEARING September 9., 1992 The parties agreed to deal with this matter in accordance with the expedited arbitration procedure set out in Article 27.18 of the collective agreement. The facts indicate that in the spring of 1991, the Grievor, who was working as a Psychiatric Nursing Assistant ("PNA,), was the succesSful applicant for a developmental opportunity as a Plumber Apprentice. The Union claimed that the Grievor was entitled to retain the rate of a PNA for the duration of the apprenticeship program. In support of its claim, the Union relied on a statement by Joyce Ward., a member of management, at ~an ERC meeting in October of 1991 to the effect that classified staff undergoing apprentice training continue to receive the salary of their former positions whereas unclassified staff receive government'-approved rates. Based on this statement, the Union contended that the salary treatment accorded the Grievor was discriminatory. The Employer.maintained, however, that the statement made-by Ms. Ward was in error and that apprentice rates are established taking into accouht a number of factors, including Regulations to the Apprenticeship and Tradesmen's Oualification Act and the practices of other Ministries. In any event, it was contended~that statements made at ERC meetingS~are not subject to arbitration and, furthermore, that there has been no violation of the collective agreement. ERC meetings are held pursuant to Article 35 of the agreement which provides for local and ministry negotiations respecting emploYee relations. The Article further specifies that such negotiations shall not be subject to'the mediation and arbitration procedures under the Act provided that nothing shall preclud9 a grievance alleging a violation of the collective agreement. It is clear~ therefore, a grievance can be brought only in respect of a matter arising under the agreement. In this case, however, the UniOn seeks to enforce a statement made at an ERC meeting which is outside the terms of the collective agreement. Moreover, although the Union also raised an argument based upon estoppel, the case for an estoppel has not been made out. AccOrdingly, the grievance must be dismissed. DATED AT TORONTO, this l?th day of September, 1992. Vice Chairperson'