HomeMy WebLinkAbout1996-2779UNION98_03_31
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPlOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
1<<J DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONEITELEPHONE (41~) 3:Z~-1388
180, RUE DUNDAS OUEST BUREAU IJOO, TORONTO (ON) M5G 126 FACS/MILEITELECOPIE (41~) 32~-13~
GSB # 2779/96, 0141/97
OPSEU # 97U008, 97U056
IN THE MA TIER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRffiVANCE SETTLEMffiNTBOARD
BETWEEN
OPSEU (Umon Gnevance)
Grievor
- and -
The Crown 111 Right of Ontario
(Mimstry ofCommumty and SOCIal ServIces)
Employer
BEFORE S L Stewart Vice-Chair
FOR THE G Leeb
UNION Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE B Loewen
EMPLOYER Counsel, Legal ServIces Branch
Management Board Secretanat
HEARING March 30, 1998
DECISION
The issue before me at this point in the proceedings is
whether the Employer ought to be prohibited from issuing surplus
notices to employees The Employer's intention is to issue a
number of such notices on April 1, 1998
This issue was addressed earlier in these proceedings, in a
decision of Vice-Chair Kaplan, dated september 29, 1997 At pp
3-4, the decision states as follows
In brief, having regard to the position of the parties,
and to an appropriate balancing of interests, I denied
the union's request that an order be issued terminating
any further surplusing of employees pending the resolution
of the case on its merits However, I directed that the
employer not inititate any plans of care or transfer
arrangements for any residents of any of the facilities
subject to this award where the inititation of such
activity had not begun at the time of this award Put
another way, the employer could continue with transfer
arrangements for residents of the facilities where a
substantive step other than the initial notification of
facility closure or transfer has been given This order
will remain in effect until the issue of the award on
its merits, or until varied by the Vice-Chair assigned
to hear the merits
The present status of this matter is that the Employer has
completed its case and the Union is about to commence leading
evidence It is the position of the Union that an appropriate
balance of the relevant interests at this point should lead me to
prohibit the Employer from issuing any surplus notices until the
issue of reasonable efforts has been disposed of on its merits
The Employer's position is that a balance of interests supports
the conclusion that the status quo ought to be maintained
I have had an opportunity to consider the submissions of the
parties, however their need for an immediate decision precludes
me from addressing them in any detail While there is some force
to the submissions advanced by the Union, particularly in
relation to the potential necessity to unravel events, I
ultimately found the submissions advanced on behalf of the
Employer to be more compelling Accordingly, the Union's request
to vary the Board's order of September 29, 1997 is denied
Dated at Toronto, this 31st day of March, 1998
%\~t
S L Stewart - Vice-Chair