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HomeMy WebLinkAbout1996-2170BLAIS99_05_04 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS t80 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G tZ8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G tZ8 FACSIMILEITELECOPIE (416) 32fJ-1396 GSB # 2170/96 OPSEU # 96G398 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEV ANCE SETTLEMENT BOARD BETWEEN Ontano PublIc Service Employees Umon (Terry BlaIS) Grievor - and - The Crown m Right of OntarIO (Mmlstry of TransportatIOn) Employer BEFORE Ken Petryshen V Ice-ChaIr FOR THE Andrew M. Pmto GRIEVOR Counsel FOR THE Kelly Burke EMPLOYER Counsel, Legal Services Branch Management Board SecretarIat HEARING Apnl 30, 1999 DECISION The Mimstry of TransportatIOn employed Mr Terry BlaIS pursuant to an unclassIfied contract when he was laId off m August, 1996 He had been employed on SImIlar contracts smce 1988 Mr BlaIS challenged the August, 1996, lay-off m a gnevance dated September 16, 1996 The only Issue Mr BlaIS pursued at the heanng on Apn130, 1999, was whether he was entItled to receIve severance pay , SectIOn 58(6) (e) of the Employment Standards Act excludes an employee from entItlement to severance pay If the employer of the employee "IS engaged m the constructIOn, alteratIOn, mamtenance or demolItIOn of bUIldmgs, roads, sewers, pIpelmes, mams, tunnels or other works where the employee works at the SIte thereof." When laId off, Mr BlaIS was employed as a zone pamter It IS clear from hIS descnptIOn of what he does that Mr BlaIS was employed m constructIOn work at the tIme of hIS lay-off. The deCISIOn of the Gnevance Settlement Board m OPSEU (Group Grievance) and The Crown in Rzght of Ontario (Ministry of Transportation), (FIsher) GSB FIle No 2588/96 dated February 20, 1998, confirms the agreement of the partIes that employees workmg as zone pamters are covered by sectIOn 5 8( 6)( e) and are not entItled to severance pay under the Employment Standards Act. The Dmon and the Employer take the pOSItIOn that the CollectIve Agreement was not contravened m thIS case Smce there was no dIspute between them, the partIes argued .....---.. that I had no JunsdIctIOn to deal wIth the gnevance filed by Mr Blais See, E Blake et al and Amalgamated Transit Union, (ShIme) GSB FIle No 1276/87, dated May 3, 1988, OPSEU (Cochran) and The Crown in Right ofOntarzo (Abramsky) GSB FIle No 833/96, dated May 22, 1997 and OPSEU (Duncan) and The Crown in Right of Ontario (Brown) GSB File No 1488/96, dated November 2, 1998 Mr BlaiS expenenced some dIfficult financIal CIrcumstances when he was laid off m August, 1996, and he appears to be unable to appreCIate why some employees are entItled _to severance pay and others are not. However, Mr BlaiS IS covered by sectIOn 58(6)(e) of the Employment Standards Act and IS not entItled to severance pay I also agree that I have no JunsdIctIOn to deal wIth thIS matter smce there IS no dIspute between the partIes Accordmgly, the grIevance filed by Mr BlaiS dated September 16 1996 IS dIsmIssed. Dated at Toronto, thIS 4th day of May, 1999 /~I~ Ken Petryshen - Vice-Chair