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HomeMy WebLinkAbout1994-0397.BARTER_ET_AL99_07_ OfVTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'OfVTARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELl~PHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELfCOPIE (416) 326-1396 GSB # 0397/94 1077/94 2064/94 OPSEU # 94D445-453 94G048-049 95B128-129 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEV ANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Ul1lon (Barter et al) Grievors - and - The Crown m RIght of Ontano (MIl1lstry of the Attorney General) Employer BEFORE FelICIty D Bnggs V Ice-Chair FOR THE Robm Gordon GRIEVORS Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE Benjamm Ratelband EMPLOYER Counsel, Legal ServIces Branch Management Board Secretanat HEARING June 30, 1999 DECISION There are a number of consolIdated gnevances filed m 1994 before thIS Board regardmg the Mimstry's extenSIOn of mandatory retIrement provIsIOns to unclassIfied employees The gnevors requested that the change In polIcy be reversed and all gnevors to receIve full redress. Ms. Gordon, for the Umon, submItted that It had no dIspute wIth the Employer s actIOns m thIS regard. The Employer argued that there IS no dIfference between the partIes to the collectIve agreement. Accordmg to SectIOn 7(3) of the Crown Employees Collective Bargaining Act R.S 0 1993 c 38, there must be a dIfference between the partIes for thIS Board to have the JunsdIctIOn. The Umon IS not allegIng a dIfference between the partIes In these matters. Therefore, the Board must dIsmISS the gnevances Mr Ratelband, for the Employer, referred the Board to Re The Crown in Right of Ontario (Ministry of Government Services) and Ontario Public Service Employees Union (Stewart), (June 22 1995) unreported (Bnggs), and Re The Crown in Right of Ontario (Toronto Area Transit Operating Authority) and Amalgamated Transit Union (Blake) (May 3 1988), unreported (ShIme) I agree WIth the submIssIOns made by the Employer I am WIthout JunsdIctIOn to hear and determIne these gnevances Accordmgly, the gnevances are dIsmIssed. Dated m Toronto thIS 9th day of July 1999 F ehcIty D Bnggs Vice Charr