HomeMy WebLinkAbout1994-0666DICKSON98_12_15
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONEITELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACS/MILEITELECOPIE (416) 326-1396
GSB # 0666/94
OPSEU 94A936
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OntarIO PublIc SerVIce Employees Umon
(Jim DIckson)
Grievor
- and -
The Crown m RIght of Ontano
(Mimstry of Natural Resources)
Employer
BEFORE RIchard M. Brown V Ice-Chair
FOR THE Cameron Walker
GRIEVOR Gnevance Officer
Ontario PublIc ServIce Employees Umon
FOR THE Lon Aselstme
EMPLOYER Staff RelatIOns Officer
Human Resources Branch
Mimstry of Natural Resources
HEARING November 19, 1998
The gnevor, Jim DIckson, was employed m the posItIOn of forest technIcIan
on a seasonal basIs from 1989 to 1993 In 1994, Mr DIckson was not
recalled to that posItIon because It was abohshed. Also m 1994, the
employer created a new posItIon of group leader/canbou technIcIan. Mr
DIckson apphed for the new posItIon but was not appomted to It. He then
gneved, allegmg a vIOlatIOn of artIcle 3.21 1 of the collectIve agreement
whIch states
Seasonal employees who have completed theIr probatIOnary penod
shall be offered employment m theIr former pOSItIons the followmg
season on the baSIS of semonty
The employer takes the pOSItIon that thIS artIcle gIves the gnevor no
claim to the pOSItIOn of created m 1994 because It IS not hIS former
pOSItIon. Accordmg to the employer, there are sIgmficant dIfferences
between the two Jobs even though there are some sImIlantIes The umon
agrees
The umon and employer both agree I am WIthout JunsdIctIOn to hear
the gnevance because neIther of them WIsh to have It arbItrated. ThIs
contentIOn IS clearly correct, gIven Mr ShIme's deCISIOn mE Blake and
Amalgamated Transit Union, GSB FIle No 1275/87, dated May 3, 1988
The gnevor cannot proceed to arbItratIOn WIthout the support of the umon.
The gnevance IS dIsmIssed.
RIchard M. Brown, Vice-Chair
Ottawa,Ontano
December 15, 1998