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HomeMy WebLinkAbout1994-0414.MacPherson et al.00-05-12 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L '()NTARW GRIEVANCE COMMISSION DE . . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396 GSB # 0414/94 OPSEU # 94D491 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc Service Employees Uruon (MacPherson et a~ GIievor - and - The Crown m RIght of Ontano (Mirusm of Commuru~ and SOCial Services) Employer BEFORE FehcI~ D Bnggs Vice ChaIr FOR THE Peggy Snnth GRIEVOR Counsel Ehot, Snnth Bamsters & Sohcltors FOR THE Yasmeena Mohamed EMPLOYER Counsel Legal Services Branch Management Board Secretanat HEARING Ma, 2, 2000 ThIS proceedIng anses from the gnevance of Holly MacPherson dated November 15 1993 allegIng dIscIplIne by way of a letter dated November 4 1993 and on the basIs of workload. A heanng was convened on May 3 2000 whereIn the partIes made submISSIOns At the commencement of the heanng, counsel for the Employer raised a prelImInary ObjectIOn regardIng the arbItrabIlIty of the gnevance SpecIfically the Employer took the pOSItIOn that the letter dated November 4 1993 was not dIscIplInary In nature It was merely a confirmatIOn of a meetIng held between the gnevor and her manager whereIn the manager commumcated hIS concerns vis a vis the gnevor's work performance regardIng the Student Placement Program. The Employer was submItted that the letter was never placed In the gnevor's personnel file and therefore not dISCIplInary In support of ItS pOSItIOn, the Employer relIed number of earlIer deCISIOns of the Gnevance Settlement Board. With respect to the above, the Umon contended that the letter was dISCIplIne because there was an actual transfer and removal of dutIes from the commIttee By actIng on that letter the Employer has made the letter dISCIplInary In nature As a remedy the Umon sought a declaratIOn that the Employer has breached the collectIve agreement and requested that the letter dated November 4 1993 be removed from the gnevor's file The Employer submItted that the letter dated November 4 1993 has never been placed on the gnevor's file and therefore the remedy IS moot. With respect to the second allegatIOn, the Employer takes the pOSItIOn that the Issue of workload arrangement cannot be categonzed as dISCIplInary The Umon recogmzed that the gnevor dId not gneve harassment or VIOlatIOn of any other proVISIOns of the collectIve agreement. However the Umon asked the Board to reVIew the arrangement based on the gnevor's prevIOUS relatIOnshIp WIth her supervISor As eVIdence the partIes have agreed to tender the letter dated November 4 1993 and requested the Board, upon reVIew of same, make a determInatIOn as to whether the letter was dIscIplInary If It IS not dISCIplIne, the Board lacks jUnSdIctIOn to hear and decIde the matter After consIderatIOn of thIS matter I must find that the letter dated November 4 1993 IS not dISCIplIne It contaIned none of the common elements found In letters of dIscIplIne and It was never placed In the gnevor's file AccordIngly I lack the jUnSdIctIOn to determIne thIS matter I am also WIthout jUnSdIctIOn to determIne the Issue of the alleged alteratIOn of the gnevor's workload In the CIrcumstances of thIS case There was no allegatIOn of harassment on the face of the gnevance nor was the matter raised as such. For those reasons, the gnevance IS dIsmIssed. Dated In Toronto thIS 12th day of May 2000 ~~ ,l FelICIty D Bnggs