HomeMy WebLinkAbout1998-0976.Union.98-10-19 Decision
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
11111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-139tS
GSB #0976/98
OPSEU #98Ul14
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IN THE MATIER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Uruon Gnevance)
Grievors
- and -
The Crown m Rtght of Ontano
(Mirustry of Finance)
Employer
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BEFORE N DIssanayake Vice-Charr
FOR THE Rtchard Blarr
UNION Counsel
Ryder Wnght Blarr & Doyle
Bamsters & SoliCItors
FOR THE Bnan Loewen
EMPLOYER Counsel, Legal ServIces Branch
Management Board SecretarIat
HEARING October 15, 1998
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2
Ruling of the Board
As jointly requested the Board provides the following rulings on
the basis of the evidence and submissions of the parties
(a) The Board concludes that the employer did not fail to make
reasonable efforts and therefore did not contravene Section 1 (a) of
Appendix 9
(b) The Board finds that under section l(b) an employee's "service"
and "seniority" are treated as distinct concepts It is contemplated
that the failure to carryover either "service" or "seniority" to the
new employer will result in the triggering of the rights accorded to
employees under that section The Board concludes that the primary
purpose of seniority is the provision of job security to employees
Where the job offers obtained do not include any recognition whatsoever
of seniority for purposes of layoff or for job competitions, it cannot
be said that the employees' seniority under the existing collective
agreement has been carried over to the new employer Therefore, the
condition precedent for the triggering of the rights under section l(b)
of Appendix 9~has been satisfied
Written reasons for the foregoing rulings will follow in due
course
Dated this 19~ day of October, 1998 at Hamilton, ontario
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N. Dissanayake
Vice-Chairperson