HomeMy WebLinkAbout1992-3187.Forbes.93-08-03
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DEL'ONTARIO
- -. GRIEVANCE COMMISSION DE
1111 SETTLEMENT ..
REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, M5G lZ8 TELEPHONE ITELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G lZ8 FACS/MILE ITEU~COPIE (416) 326-/396
3187/92
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
,Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Forbes)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health) -
Employer
BEFORE J. Devlin Vice-Chairperson
FOR THE K. Lawrence
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE P. Toop
EMPLOYER Staff Relations Officer
Management Board of Cabinet
HEARING July 19, 1993
,
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This award concerns the disposition of a preliminary
objection advanced by the Employer with respect to timeliness.
The basis for the objection relates to a delay of approximately a
year and one-half between the date of the decision at stage two
and the referral of the grievance for hearing before the Board.
The Union indicated that the delay resulted from the fact that
information relating to the grievance was not properly input into
its computer
Article 27.4 of the collective agreement provides as
follows: -
27.4 If the grievor is not satisfied with the decision of
the D~puty Minister or his designee or if he does not
receive the decision within the specified time the.
grievor may apply to the Grievance Settlement Board for
a hearing of the grievance within fifteen (15) days of
the date he received the decision or within fifteen
(15) days of the specified time limit for receiving the
decision.
Article 27.13 further provides that where a grievance is not
processed within the time allowed or has not been processed by
the employee or the Union within the time prescribed, it shall be
deemed to have been withdrawn. As well, Article 27.16 providTs
..... "'.
that the Grievance Settlement Board shall have no jurisdiction to
alter, change amend or enlarge any provision of the Collective
Agreement
In this case, there was no dispute that the time limit
(
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for referring the grievance for hearing before the Board was
exceeded by a considerable period. As the Board has no
jurisdiction to amend or enlarge the time llmit contained in
"
collective agreement, in accordance with Article 27~13, the
grievance is deemed to have been withdrawn
)
DATED AT TORONTO, this 3rd day of August f'993,.
;;G &11. ~ ~ -
.
I
Vice Chairperson