The URL can be used to link to this page

Home My WebLink About1996-0967MCLACHLIN99_02_22 - I ONTARIO EMPLOYlS DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE600, TORONTO ONM5G tZ8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACS/MILEITELECOPIE (41C) 326-1396 GSB # 0967/96 OPSEU 96B953 . IN THE MA TIER OF AN ARBITRA nON Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Public SeMce Employees Union (ViVIan McLachlin) Grievor - and - The Crown In Right of Ontano (Mimstry of Natural Resources) Employer BEFORE RIchard M. Brown Vice-Chalr FOR THE Andrew M. Pinto GRIEVOR Counsel Scott & A ylen Barristers & SolicItors FOR THE Jonathan D Cocker EMPLOYER Counsel, Legal SeMces Branch Management Board Secretanat - HEARING November 17, 1998 On May 16, 1996, VIVIan McLachlm was notlfied her posItlOn as admnnstratlve assIstant m the Mirustry's London office had been declared surplus She was offered the opportunIty to bump an accoWlts receIvable clerk m Aylmer, WIthm forty kilometers She dechned on May 17 The gnevor subsequently learned the same bump had been offered to another employee . TIns chscovery promoted her to file a gnevance, dated May 28, allegmg a vlOlatlon of artIcle 24 4 I of the-collectlve agreement and clanrung salary for one year Also on May 28, Ms McLachlm sIgned a note statIng: I, VIVIan McLachm hereby authonze Bob SIvyer to represent me at all stages of the gnevance procedure " Mr S)'Vler was the umt steward. Ms McLachlm then left for Bermuda to take up new employment. On JWle 5, the employer presented to Mr Slvyer a letter addressed to Ms McLachlm offenng her a Job as admnnstratlve assIstant m Ayhner TIns was the chsplacement opportumty wInch should have been offered m the first place The Jooe 5 letter was accompamed by a draft memorandum of settlement mdIcatmg the offer was bemg made m settlement of the gnevance Mr Slvyer responded m a memo dated Jooe 6 I have been mstructed by Ms McLachlm to reject your memorandum of settlement and the accompanymg dIsplacement offer dated June 5, 1996 TIns memorandum of settlement does not address the settlement requested. I have sIgned on her behalf reJectmg the offer to dIsplace and enclose a copy of her authonzatlOn for me to represent her m thIs matter , ,- Mr Slvyer testIfied that on or about Jooe 5 he had a telephone conversahon WIth the gnevor's husband, but he cannot recall exactly what was SaId. - I The question to be determmed IS whether the offer made to Mr SIvyer and rejected by hnn should be treated as an offer made to the gnevor and - rejected by her The answer IS yes Ms McLachlm authonzed Mr SIvyer to deal WIth the gnevance on her behalf. The gnevance alleged a vIOlation of dIsplacement nghts under artIcle 24 4 1 The employer's letter of June 5 offered the Job to wh1ch the gnevor was entitled under tlus artIcle The offer was a d1rect response to the gnevance, even though It dId not grant the one year's salary requested by the gnevor AccordIngly, the note executed by the gnevor, authonzmg Mr SIvyer to deal WIth the gnevance, empowered hnn to deal WIth the offer of June 5 Tlus conclUSIOn means the VIOlation of artIcle 24 4 1 wInch occurred on May 16 was rectrlied on June 5, save for any loss caused to the gnevor by the employer's delay of apprmomately three weeks m offenng her the correct dIsplacement opportunIty At the heanng on November 18, 1998, my oral deCISIon to tlus effect was rendered and the quantIficatIOn of any such loss was rerrutted to the partIes for theIr consIderation. The matter was resolved later the same day Richard M. Brown, VIce-Charr - Ottawa,Ontano December 10, 1998 -" O/llrARIO EMPLOylS DE LA COURONNE CROWN EMPLOYEES DE L'O/llrARIO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS f80 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G fZ8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G fZ8 FACS/MILEITELECOPIE (416) 326-1396 GSB # 0984/96, 0985/96 OPSEU 96B952, 96B951 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OntarIO Pubhc Service Employees Umon (Wendy Sulhvan) Grievor - and - The Crown m Right of OntarIO (Mimstry of Natural Resources) Employer BEFORE Richard M. Brown Vice-Chair FOR THE Cameron Walker GRIEVOR Gnevance Officer OntarIO Pubhc Service Employees Umon FOR THE Lon Aselstme EMPLOYER Staff RelatIOns Officer Human Resources Branch Mimstry of Natural Resources -. HEARING November 16, 1998 - GSB File No. 0985/96 The gnevor, Wendy Sulhvan, was hIred m 1983 as a part-tIme employee m the unclassIfied servIce In 1987, she was converted to a regular, part-tIme employee m the classIfied servIce Her contmuous servIce date was establIshed as January 1, 1984 Ms SullIvan seeks credIt for all servIce smce her ongmal date of hIre The employer and umon agree the gnevor was gIven the correct contmuous servIce date under artIcle 25( 1) of the collectIve agreement whIch states An employee's length of contmuous servIce wIll accumulate upon completIOn of a probatIOnary penod of not more than mne (9) months and shall commence (c) for a regular part-hme CIvIl servant, from January 1, 1984 or from the date on whIch he or she commenced a penod of unbroken, part- tIme employment m publIc servIce, ImmedIately pnor to appomtment to a regular part-tIme pOSItIon III the CIvIl servIce, whIchever IS later 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 III E Blake and Amalgamated TranSIt Union, GSB FIle No 1275/87, dated May 3, 1988 The gnevor cannot proceed to arbItratIOn WIthout the support of the umon. -- 2 -- GSB File NO 0984/96 The second gnevance Involves a dIsplacement opportumty offered to the gnevor, accepted by her, and then wIthdrawn by the employer because It had been made In error ThIS gnevance IS wIthdrawn. Richard M. Brown, Vice-Chair Ottawa, Ontano December 9, 1998 3 -..;..., . ONrARIO EMPLOYlS DE LA COURONNE CROWN EMPLOYEES DE l'ONrARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUlTE600, TORONTOONM5G 1Z8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (416) 326-1396 GSB # 0994/96 OPSEU # 96B923-942 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Alden et al) Grievors - and - The Crown In RIght of Ontano (London PsychIatnc HospItal, MInIStry of Health) Employer BEFORE Barry B FIsher Vice-Chair FOR THE Kathleen Lawrence GRIEVORS Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE Mark Momentoff EMPLOYER Human Resources Consultant Human Resources Branch - London MImstry of Health HEARING February 15,1999 ~ GSB #0994/96 ORDER ThIS gnevance IS part of the backlog mediatIOn/arbItratIOn project. Tills gnevance mvolves an Issue of ShIft PremIUm. The partIes have requested that I Issue the attached Memorandum of Settlement as an order of the GSB I therefore order that the attached Memorandum of Settlement be an order of the GSB Dated at Toronto, OntarIO, thIS 22nd day of February, 1999 Barry B. Fisher, Vice Chair -........ I SCHEDULE "A" 1 The Employer agrees to reImburse regular part-tIme employees so clasSIfied at the tIme for ShIft premmm the} were demed from the date of theIr respectIve gnevances retroactIve for two years plus five weeks to take mto account the OPSEU strike of 1996, If applIcable. 2. The Employer agrees to reImburse the Gnevors who were no longer regular part- tIme employees at the tIme of theIr gnevance for ShIft premmm they were demed from the last date they were regular part-tIme employees retroactIve for two years plus five weeks to take mto account the OPSEU strike of 1996, If applIcable 3. The Umon and the Gnevor agree to wIthdraw the above-noted .gnevance and agree to Waive any other or further gnevances, complamts, actIOn regardmg thIS matter or events gIvmg nse to thIS matter upon sIgmng thIS Memorandum of Settlement.