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HomeMy WebLinkAbout1996-2841.TEUNISSEN98_12_15 OwrARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'OwrARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONEfTELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILEfTELECOPIE (416) 326-1396 GSB # 2841/96 OPSEU 97D414 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Employees Umon (Roel Teumssen) Grievor - and - The Crown m RIght of Ontano (Mimstry of Natural Resources) Employer BEFORE RIchard M. Brown V Ice-Chair FOR THE Cameron Walker GRIEVOR Gnevance Officer Ontano Pubhc ServIce Employees Umon FOR THE Lon Aselstme EMPLOYER Staff RelatIOns Officer Human Resources Branch Mimstry of Natural Resources HEARING November 17,1998 -----_.._'~ Roel Teumssen was employed as a Park Planner 2 at the Mimstry's Sudbury office He was bumped from hIS job on July 23, 1996 by Mr Sproule, a more semor employee who was also a Park Planner 2 The gnevor contends Mr Sproule was not qualIfied to perform hIS job Under artIcle 20 4 of the collectIve agreement, entitlement to bump IS condItional upon an employee bemg "qualIfied to perform the work" The employer and the umon both take the posItIOn that Mr Sproule was qualIfied. He contmues to perform the work m questIOn to the satIsfactIOn of the employer The partIes advIsed me there have been other cases where an employee was removed from the job mto WhICh he or she had bumped because the mdIvIdual proved unable to do It. Such has not been the case wIth Mr Sproule The umon and employer both 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 mE 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. The gnevance IS dIsmIssed. RIchard M. Brown, Vice-Chair Ottawa, Ontano December 15, 1998