HomeMy WebLinkAbout1996-1904REYNOLDS98_11_30
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-1396
GSB # 1904/96
OPSEU 96G313
. IN THE MAnER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc Service Employees Union
(Mark Reynolds)
Grievor
- and -
The Crown in Right of Ontano
(Ministry of Natural Resources)
Employer
BEFORE Ken Petryshen Vice-Charr
FOR THE Peggy E. Smith
GRIEVOR Counsel
Eliot Srmth
Barnsters & SoliCItors
FOR THE Lucy Siraco
EMPLOYER Counsel, Legal Services Branch
Management Board Secretanat
HEARING November 20, 1998
DECISION
In a grIevance dated October 3, 1996, Mr L. Reynolds claIms that the Employer
contravened the Collectlve Agreement when It deducted Umon dues m the Fall of 1996
from a payment he receIved m lIeu of notIce
Mr Reynolds asserted that lis posItIOn was surplused m May, 1996, at a tlme when
he was on sick leave. When he returned to work on September 4, 1996, Mr Reynolds
claims he was then surplused and eventually decIded to accept pay m lIeu of notlce
Documents put before me by the partIes dIsclose that the Employer agreed, at the request
of the Umon, to deduct Union dues from such payments. It appears the Employer began
to deduct Umon dues from such payments on August 19, 1996 Mr Reynolds took the
posltlon before me that smce hIS pOSItIOn was surplused pnor to August 19, 1996, Umon
dues should not have been deducted from hIS pay m lIeu of notlce
The Umon and the Employer take the posItlon that the Collectlve Agreement was
not contravened m thIS case. Smce there IS no dIspute between the partIes they argued
that I had no JunsdIctIOn to deal WIth the grIevance filed by Mr Reynolds. Havmg regard
to the Junsprudence, thIS submIsSIOn IS correct. See, E Blake et al and Amalgamated
Transit Union, (Slime) GSB File No 1276/87, dated May 3, 1988, OPSEU (Cochran)
and The Crown in Right of Ontario (Abramsky) GSB FIle No 833/96, dated May 22,
2
1997 and OPSEU (Duncan) and The Crown in Right of Ontario, (Brown) GSB File No
1488/96, dated November 2, 1998
It appears that Mr Reynolds has no cause to complam smce he receIved hIS pay m
heu of notlce well after the partIes had sorted out whether dues should be deducted from
.
such payments. In any event, smce I have no JUrISdIctIOn to deal wIth thIS matter, the
gnevance filed by Mr Reynolds dated October 3, 1996, IS dIsmIssed.
Dated at Toronto, this 30th day of November, 1998
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Ken Petryshen - Vice-ChaIr