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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