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HomeMy WebLinkAbout1993-1684.Colquhoun&Francis.97-03-03 ~----- ~ .- - -.' I OfolTARIO EMPLOYES DE LA COURONNE I CROWN EMPLOYEES DE L'OfolTARIO GRIEVANCE COMMISSION DE 1111 SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST. BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILEI7-ELECOPIE (416) 326-1396 GSB # 1684/93 OPSEU # 93G297-8 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Colquhoun/Francis) Grievor - and - The Crown in Right of ontario (Ministry of Finance) Employer BEFORE B Fisher Vice-Chairperson FOR THE K. Lawrence GRIEVOR Grievance Officer ontario Public Service Employees Union FOR THE A Hoad EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING February 26, 1997 -- - 2 - This is a case under the expedited procedure involving an issue of Pay Administration under Article 5 1 3 of the 1992 to 1993 Collective Agreement involving a determination of the correct "anniversary date" for promotional increase purposes I find that the Grievors were qualified for promotion as of June 15, 1992 from the position of Property Assessor 2 to Property Assessor 3 I also find that the Ministry set their "date of promotion" as July 1, 1992, as it was consistent with its practice to tie the promotion date to the "anniversary date" In effect, the Union is grieving the Ministry's decision to set a "promotion date" which is later than the earliest time in which the Grievors became qualifieD to assume the P A3 position I have some doubt if the issue of setting the promotion date is even grievable, however if it is, then certainly the scope of arbitral review is not one of correctness, but at best reasonableness. Assuming that the GSB has the authority to .review a decision of this matter, which I am expressly not deciding, I am satisfied that the decision of the Ministry to set - -- July 1, 1992, being the Grievers anniversary date, as the "promotion date" instead of some earlier date was a reasonable one for the following reasons. :"i: , - 3 - 1 There is a two-year qualifying period in order to move up to the P A3 classification, therefore the end of the two-year period is my definition always around the same time as the employee's anniversary date 2 This practice is consistently applied to all other people moving from the P A2 to the P A3 classification 3 The only exception to this rule was with respect to a 'co-worker of the Grievors, however I am satisfied that this was a result of an administrative error and not a conscious decision to deviate from an established practice 4 The delay in effective date of promotion was only 25 days, which is reasonable The grievance is therefore dismissed As a final note, I understand the frustration of Ms Colquhound and Ms Francis with the result of this award, which effectively means that they are deprived of a - significant amount of money simply because their anniversary date of July 1, 1993 was a very short time before the Social Contract Act came into effect. As a result of this, ! l~ - 4 - ~ they were deprived of a merit increase which a fellow co-worker received, when they all were in identical circumstances. However, I cannot let this affect Il1Y decision as to whether or not an action taken by the Ministry 12 months earlier was reasonable, as the I reasonableness of the decision must be judged as of the time that the decision was 1 made, not with 20/20 hindsight. Dated at Toronto this 3RD day of March, 1997