HomeMy WebLinkAbout1996-1938HASKELL97_01_04
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L 'ONTARIO
1111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100 TORONTO, ONTARIO. M5G IZ8 TELEPHONE/TELEPHONE (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G IZ8 FACSIMILE: /TELECOPIE (476) 326-7396
GSB # 1938/96
OPSEU # 96E555
IN THE ~TTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Haskell et al)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE R J. Roberts Vice-Chairperson
FOR THE G Leeb
GRIEVOR Grievance Officer
Ontario Public service Employees Union
FOR THE D Chiro
EMPLOYER Coordinator, C A Negotiaions
Management Boar~ Secretariat
HEARING November 19, 1996
- ~
1
AWARD
The Issue m thIS case, m WhICh Mr Haskell IS a representatIve gnevor, anses out of the
Memorandum of Settlement dated June 13 1996 between Management Board Secretanat
(MBS) and OPSEU, under whICh, inter alia, ArtIcle 14 1 (Call-back) would apply to employees
lIsted as emergency servIce workers who were called mto work and dId work.
In order for ArtIcle 14 1 to apply, an authonzed representatIve of the employer has to
have made a commItment to make premIUm payments and thIS commItment must not have been
rescmded. In accordance WIth the Board's pnor award m Re Cousins and Correctional Services
(1996), G S.B No 0822/96 (Roberts), once a worker comes mto work thIS prOVISIOn of the
collectIve agreement IS tnggered. The commItment to make premIUm payments cannot be
rescmded by management. To be effectIve, a reSCISSIOn has to have been made by management
before a \vorker was ever brought mto work. The Board stresses that the mdIvIdual m questIOn
must be a \vorker
To gIve effect to thIS rulmg, no later than January 30 1997 OPSEU shall prOVIde to
MB S/CLRJNS a lIst of those gnevers who meet the above CrIterIa. Thereafter the employer
.-
2
through MBS wIll have 90 calendar days to provIde OPSEU wIth proof of payment of the
reqUIred premIUms.
~t4/'f~
Dated at Toronto, Ontano, thIS)fu day of January, 1997
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