Loading...
HomeMy WebLinkAbout1996-0926.Metcalf, Mercer & Major.96-08-07 - ONrARlO EMPLOYlS DE LA COUFlONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1ZS TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1ZS FACSIMILEITELECOPIE (416) 326-1396 GSB # 926/96, 927/96 OPSEU # 96F157, 96F445, 96E721 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Metcalf/Mercer/Major) Grievor - and - The Crown in Right of ontario (Ministry of the Solicitor General & Correctional services) Employer BEFORE RJ Roberts Vice-Chairperson FOR THE G. Leeb GRIEVOR Grievance Officer ontario Public Service Employees Union FOR THE G Basanta EMPLOYER Grievance Administration Officer Ministry of the Solicitor General & Correctional Services HEARING July 26, 1996 - ~ ORDER It IS hereby ordered that thIS arbItration case be adjourned pendmg the decIsIOn of the Office of AdjudIcatIOn under the Ontano Health and Safety Act, R.S 0 1990, c 0 1 as amended (the Act) m the matter of an appeal of a decIsIOn ofMr Donald C Hall, Ontano Health and Safety Inspector, dated March 26, 1996 In tIllS declSlon, Mr Hall concluded that the procedure of Part V of the Act, Right to Refuse or Stop Work Where Health or Safety in Danger, dId not apply to the gnevors because they were excluded from coverage under ss. 43(1)(a) & 43(3) of the Act as persons "employed m the operatIOn of a correctIOnal mstItutIOn or faCIlIty" under CIrcumstances that "were mherent m" theIr work. There seems to be lIttle doubt that the outcome of thIS arbItratIOn WIll depend upon whether Mr Hall s deCISIOn was correct. The appeal of thIS deCISIOn was entered on March 27 1996, and as of the tIme of the heanng on July 26, 1996, had yet to be heard. At arbItratIOn, It seemed to be the WIsest course to defer to the expertIse of the Office of AdjudIcatIOn m admmIstenng and mterpretmg ItS own statute Accordmgly It was deCIded that thIS order of adjournment should be Issued. ..: 2 I wIll retam JUrISdIctIOn pendmg the determmatIOn of the Office of AdJudIcatIOn. Dated at Toronto Ontano, thIS 7 i;J{.day of August, 1996 " L ___.