HomeMy WebLinkAbout1995-0300VINE98_12_15
OwrARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'OwrARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 800, TORONTO ON M5G tZ8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPIE (416) 326-1396
GSB # 0300/95, 0301/95
OPSEU 95C667-668
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEV ANCE SETTLEMENT BOARD
BETWEEN
OntarlO Pubhc Servlce Employees Umon
(Thomas V me)
Grievor
- and -
The Crown m Rlght of Ontano
(Mlmstry of Natural Resources)
Employer
BEFORE Rlchard M. Brown Vice-ChaIr
FOR THE Knstm Ellot
GRIEVOR Counsel, Ellot, Smlth
Barnster & Solicltor
FOR THE Jonathan D Cocker
EMPLOYER Counsel, Legal Servlces Branch
Management Board Secretariat
HEARING November 25,1998
GSB File No. 0300/95
Thomas Vine filed a classIficatIOn gnevance dated January 25, 1995 The
employer submIts thIS gnevance IS not arbItrable by vIrtue of paragraph 9 of
the local appendIx to the sectoral framework agreement under the Social
Contract Act Paragraph 9 states
The partIes agree they shall take no steps to further any classIficatIOn
gnevances under the Crown Employees Collectzve Bargazning Act or
under a collectIve agreement between the partIes filed after August 1,
1993, except for any claSSIficatIOn gnevances m respect of a new
classIficatIOn system m whIch such gnevances are expressly allowed.
The umon agrees wIth thIS submIsSIOn.
In these cIrcumstances, the umon and employer 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 m
E Blake and Amalgamated Transzt Union, GSB FIle No 1275/87, dated
May 3, 1988 The gnevor cannot proceed to arbItratIOn wIthout the support
of the umon.
GSB File No. 0301/95
There IS a second gnevance by Mr Vine, dated February 8, 1995 It was
scheduled for heanng on November 25, 1998 The gnevor was mformed of
the heanng date but dId not attend. As the umon was unable to present any
eVIdence m the gnevor's absence, the gnevance was dIsmIssed.
~
RIchard M. Brown, V Ice-ChaIr
Ottawa, OntarIo
December 15, 1998