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HomeMy WebLinkAbout1996-2936.Kadir.00-10-04 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L "()NTARW 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 #2936/96 OPSEU #97 A079 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (KadIr) GIievor - and - The Crown m Right of Ontano (Mimsm of EnvIronment) Employer BEFORE Darnel Harns Vice ChaIr FOR THE Don MartIn GRIEVOR Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE Mr John Miles EMPLOYER Labour RelatIOns Officer Mimsm of EnvIronment HEARING October 3 2000 2 DECISION In thIS matter the gnevor Ms G KadIr gneves that she was Improperly placed In an OAG 3 posItIOn when she was declared surplus from her OAG 6 posItIOn WIth the Mimstry of the EnvIronment Approvals Branch. By way of relIef, she asked to be placed In an OAG 6 posItIOn. At the tIme of the surpluSIng, the employer dId not consIder her for an OAG 6 posItIOn WIth the Ontano Clean Water Agency because the posItIOn In questIOn was a "threatened posItIOn" That IS, It was to be elImInated In the near future The employer's practIce of wIthholdIng threatened Jobs was subsequently abandoned [see OPSEU (Union Grievance) and Ministry of Transportation and Management Board Secretariat 2670/96 (Roberts) and OPSEU (Gotera et al) and Ministry of Health, 1476/97 et al (Gray)] As a result, and after reVIeWIng the facts of thIS case the employer takes the posItIOn that the gnevor ought to have dIsplaced Into the OAG 6 posItIOn WIth the Ontano Clean Water Agency The umon does not dIsagree wIth that posItIOn. The gnevor has IdentIfied a dIfferent, more favourable bump as more desIrable However that posItIOn could not have been made avaIlable to the gnevor In VIew of the reqUIrements of the dIsplacement process The gnevance IS allowed to the extent that the Board declares that the gnevor was reqUIred and entItled to dIsplace Into the OAG 6 AdmInIstratIve Secretary posItIOn at the 3 Ontano Clean Water Agency The employer IS ordered to pay the gnevor the sum of $2,267.23 less statutory deductIOns, beIng her lost wages and benefits DATED at Toronto thIS 4th day of October 2000 Darnel A. Hams, Vice-Chair