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HomeMy WebLinkAbout1996-0007.Boyce&Beloso.97-01-20 180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITELECOPIE (416) 326- 1396 GSB # 7/96, 1116/96 OPSEU # 96B293-8, 96F693-706 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Boyce et al/Beloso et al) Grievor - and - The Crown in Right of Ontario (Ministry of Consumer & Commercial Relations) Employer BEFORE W Kaplan Vice-Chairperson FOR THE C Walker GRIEVOR Job Security Officer Ontario Public Service Employees Union FOR THE D Chiro EMPLOYER Coordinator, C A Negotiations Management Board Secretariat HEARING January 11, 1997 This case, the decision in which also applies to five other former employees of the Land Titles and Registry Office, proceeded to a hearing In Toronto In brief, the various grievances, filed under the 1992-1993 collective agreement, allege a breach of Article 24 Little purpose would be served by a detailed recitation of the facts underlying this dispute Suffice it to say that the union takes the position that the various grievors and five others have been improperly deprived of their collectIve agreement rights by virtue of certain direct agreements they had entered into with the Ministry, agreements which had the effect of depriving them of the benefits of Article 24 3 1 The Ministry takes the position that there was no breach, and it pointed out that the grievors and five others made informed choices having enjoyed the benefit of union representation Having carefully considered the submissions of the parties, as well as the language of the articles of the collective agreement then in force, I can only conclude that notwithstanding any employee preferences or choices that were made, the gnevors and five others covered by this award were not only entitled to the benefits which they received under Article 242 1 and otherwIse, but were also entitled to the benefits of Article 24 3 1, and I so declare As requested by the parties, I remain seized with respect to the Implementation of this award t ~-- William Kaplan Vice-Chairperson