HomeMy WebLinkAbout1996-2931.Tolman.99-12-23 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 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 2931/96
OPSEU # 97B346
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Tolman)
Grievor
- and -
The Crown m Right of Ontano
(Mimsm of Health)
Employer
BEFORE Bam B Fisher Vice ChaIr
FOR THE Kathleen Lawrence
GRIEVOR Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE Janet Myers
EMPLOYER Employee Relations Consultant
Mimstn of Health
HEARING December 14 1999
ThIS arbItratIOn was held under the mediatIOn/arbItratIOn backlog procedure
The Gnevor gneved that she was coerced Into sIgmng Minutes of Settlement
dated 15 November 1996 Insofar as she was told that unless she agreed to accept
$13 000 other gnevors would not receIve theIr settlements In other words, the
Employer made a settlement proposal to a number of gnevors at the same tIme and made
It a condItIOn that unless all the gnevors sIgned off, there was no deal for any of them
In my OpInIOn, thIS IS a common place and acceptable negotiatIOn practIce The
fact that the gnevor felt morally compelled to accept her settlement rather than cause
dIstress and dISappOIntment to her fellow co-workers IS not coercIOn In the legal sense
Furthermore, the settlement was made an order of the Gnevance Settlement Board
by vIrtue of an award of Vice-Chair Bnggs dated November 15 1996 ThIS gnevance
therefore IS really a back-handed attempt to reverse a decIsIOn of the Gnevance
Settlement Board. ObvIOusly I have no JunsdIctIOn to reverse the decIsIOn of another
Gnevance Settlement Board Vice-Chair
The gnevance IS therefore dIsmIssed.
Dated at HamIlton, thIS 23rd day of December 1999
Barry B Fisher Vice-ChaIr