HomeMy WebLinkAbout1997-0169.Group Grievance.00-07-25 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L "()NTARW
GRIEVANCE COMMISSION DE
. . SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 169/97
OPSEU # 97B444
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Emplovees Umon
(Group Gnevance)
GIievor
- and -
The Crown m RIght of Ontano
(Mimsm of Health)
Employer
BEFORE Bam B Fisher Vice ChaIr
FOR THE Andrew Pmto
GRIEVOR Bamster & SolICItor
FOR THE Fateh SalIm
EMPLOYER Counsel
Legal SerVIces Branch
Management Board Secretanat
HEARING Juh 18, 2000
2
Award
ThIS group gnevance relates to the followmg former employees of the
Adolescent and Children ServIces Umt of the St. Thomas PsychIatnc
HOSpItal Sandra Parkms, Joy Colman, RICk Metcalf, RIchard Sygar, Jill
Meendenng-SmIth and CandIce Parrack.
The gnevors claimed that pnor to the pnvatIzatIOn of theIr umt Management
told them that If they dId not want to go wIth the new employer that they
could choose to be surplused. As many of the gnevors had sIgmficant
semonty, thIS probably would have resulted m the gnevors exercIsmg theIr
bumpmg nghts and therefore staymg m the employ of the MImstry mstead
of gomg to the new non-umon employer The gnevors claim that as a result
of thIS representatIOn, they dId not pursue Job competItIOns or mternal
transfers pnor to the pnvatIzatIOn, as they were confident that they could
exerCIse theIr bumpmg nghts at the relevant tIme
However, at the tIme of pnvatIzatIOn, the employees were not gIven the nght
to be surplus ed, rather they were reqUIred to choose between acceptmg a Job
at the new agency or to be deemed to have resIgned from the publIc servIce
ThIS partIcular Group Gnevance was only one of many such gnevances
regardmg the Reasonable Efforts provIsIOns m the prevIOus CollectIve
Agreement. On November 29, 1999 OPSEU and the Provmce entered mto a
comprehensIve settlement of all AppendIx 9 (Reasonable AccommodatIOn)
gnevances Both Mr SalIm for the MImstry and Mr Pmto for OPSEU agree
that thIS partIcular Group Gnevance IS covered by the November 29, 1999
3
settlement. Unfortunately for these partIcular gnevances, although the
November 29, 1999 gnevance provIded for a lump sum settlement of
$2,000,000, none of that money was allocated to these gnevors, however all
Reasonable Efforts gnevances were wIthdrawn.
ThIS gnevance IS therefore dIsmIssed.
Dated at Toronto thIS 25th day of July 2000
Barry B FIsher, VIce Chair