HomeMy WebLinkAbout1992-0135.Choudhury.92-10-20 ONTARIO EMPLOYES DE LA coURONNE
CROWN EMPLOYEES DE L'ONTARIO
GRIEVANCE C,OMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET-WEST, SUITE 2100, TORONTO, ONTARIO. M5G lZ8 TELEPHONE/TELePHONE (4 15) 326-,388
180, RUE DUNDAS OUEST, BUREAU 2,00, TORONTO (ONTARIO). M5G ~Z8 FACSIM,LE,'T~L~CO~iE : {4,6~ 326-,396
135/92, 136/92
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Choudhury)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Housing)
Employer
BEFORE: W. Low Vice-Chairperson
o
P. Klym Member
M. O'Toole Member
FOR THE A. Lokan
UNION Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE P. Murray
EMPLOYER Counsel
Hicks, Morley,.Hamilton, SteWart, Storie
Barristers & Solicitors
HEARING October 1, 1992
File Number: 0135, .0136/92
IN THE MATTER OF AN ARBITRATION
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(A. CHOUDHURY)
GRIEVOR
- and -
THE CROWN IN RIGHT OF ONTARIO
(MINISTRY OF HOUSING)
EMPLOYER
RULING ON ADJOURNMENT
The Grievor, Aparna Choudhury, who 'is classified O.A.G'.
6 and is employed by the Ministry of Housing - Rent Review
Services, has two grievances before us today. One is a competition ,
grievance and the other is a grievance in respect of acting pay,
The union, at the' opening of the hearing, requested an
adjournment in order that it have an opportunity to bring on a
third grievance, a classification grievance, to be heard together
with the two which are before us today, or at least' together with
the grievance regarding acting pay.
The Ministry says there was ~n agreement that the
classification grievance was to lie in abeyance pending the outcome
of the acting pay and competition grievances. Counsel for the
Union, who has been recently instructed, has no knowledge of such
an agreement, and in any case, it is the Union's position today
that it wishes to proceed with all three grievances.
2
We are of the.view that there are clearly common factual
issues in the classification and acting pay grievances, and the
outcome of these two grievances'may have.an impact on the findings
and outcome in the competition grievance. As well, O.A.G.
classification grievances are to be heard by a special panel of
this Board. As the real thrust of the matter is a question of
classification, at least in.respect of the classification and the
acting pay grievances, it is appropriate that the matter come on
before the O.A.G. Panel.
The Ministry has disclosed no substantial.prejudice that
cannot be compensated monetarily, and the Union agrees that this is
an appropriate case for the imposition of terms if an adjournment
is granted.
For the foregoing reasons, the hearing will be adjourned
sine die upon terms that no interest will accrue in respect of any
of the grievances from today until the grievances come on for
hearing.
DATED at Toronto this 20thday of October, 1992.
W.' LOW Vice-Chairper son~
M. O TOOLE Member