HomeMy WebLinkAbout1995-0594.Hutchinson.99-01-20 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARW
_ _ GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONBTELEPHON~ (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILBTELECOPIE. (416) 326-1396
GSB # 594/95
OPSEU # 95D024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BElWEEN
Ontano Pubhc ServIce Emplovees Umon
(Hutclllnson)
Grievor
- and -
The Crown 111 Right of Ontano
(Mimsm of Finance)
Emplover
BEFORE Richard M. Brown Vice Charr
FOR THE Peggy SmIth
GRIEVOR Counsel
Ehot SmIth
Bamsters & SohcItors
FOR THE Roslvn BaIchoo
EMPLOYER Counsel
Legal ServIces Branch
MaIIagement Board SecretarIat
HEARING Januan 12, 1999
In a grievance dated May 1, 1995, Barry Hutchinson challenged the
implementation date of an increase in his rate of pay as a tobacco and fuel tax
inspector
A number of individual grievances alleging this position was
improperly classified were filed in June of 1991, approximately one month
before the grievor was hired The classification grievances were allowed in a
decision dated February 23, 1993, GSB File No 2521/91 (Dissanayake) In a
memorandum of settlement dated January 13, 1995, the employer and the
union resolved the matter of the implementation of the Dissanayake award
Among the terms of the settlement are the following provisions
3 The effective date of the establishment of the new classification and
of its salary rates is February 16, 1994
5 The Employer agrees to compensate each grievor with full
retroactivity back to January 1, 1991
The settlement contains a list of grievors and shows Mr Hutchinson as a
enon-grievore
As Mr Hutchinson was not one of the original grievor-s, his rate of
pay was increased effective February 16, 1994 The employer contends he
was treated in accordance with the memorandum of settlement and the union
agrees
The union and employer also agree I am without jurisdiction to hear
Mr Hutchinson-s grievance because neither of them wish to have it
arbitrated This contention is clearly correct, given Mr Shime-s decision in
E Blake and Amalgamated Transit Union, GSB File No 1275/87, dated May
3, 1988 The grievor cannot proceed to arbitration without the support of the
union
The grievance is dismissed
Dated at Toronto, this 20th day of January, 1999
Richard M Brown, Vice-Chair