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HomeMy WebLinkAbout1999-0455.Melo.00-12-22 Order o NTARI 0 EMPLOYES DE LA COL'RONNE CROWN EAIPLOYEES DE L 'ONTARIO -- 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 #0455/99 0456/99 OPSEU#99B568 99B569 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Employees Umon (Melo/W alker) Gnevor - and - The Crown III RIght of Ontano (Mimstn of Commum~ and SocIal ServIces) Employer BEFORE RandI HanImer Abramsk" Vice Chair FOR THE Enc O'Bnen, Counsel GRlEVOR Ehot, SmIth Barnsters and SolICItors FOR THE Deborah Metrakos EMPLOYER Employer RelatIOns AdVIser Mimsm of CommunI~ and SOCIal ServIces HEARING November 17 2000 2 ORDER Based on the submIssIons of the partIes, the mstant gnevance IS goverred by an earher Settlement Agreement, dated Apnl 23, 1999, between the partIes, whIch states, m pertment part, as follows The Umon further agrees to Waive any nght to file a Umon or mdIvIdual gnevance pursuant to ArtIcle 31 15 or 6 With respect to Syl Apps Youth Centre for the next twelve month penod follOWing the sIgnmg of thIS Settlement. The effect of thIS prOVIsIon IS to preclude the fihng of both Umon and mdIvIdual gnevances pertammg to converSIOn for a one-year penod, The April 29, 1999 gnevance of Ms Melo alleges a VIOlatIOn of ArtIcle 6 and m ItS essence IS a converSIOn gnevance, IS therefore governed by the Apn123, 1999 Settlement Agreement. Accordmgly, I conclude that the gnevance IS precluded by the Settlement Agreement and thIS Board has no jUnSdIctIOn to proceed With It. To the extent that the gnevance also alleges a VIOlatIOn of ArtIcle 3 of the collectIve agreement, m the submISSIOns of the partIes there was no eVIdence that the gnevor was demed converSIOn because of her gender The eVIdence showed a number of female employees were converted at the tIme and thereafter The gnevance must therefore be dIsmIssed, Dated at Toronto, thIS 22nd day of December, 2000 /-I'11onntr:1c RandI Hammer Abramsky, Vice-Chair