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HomeMy WebLinkAbout1999-1089.Margel et al.01-05-09 Decision ~M~ om~o EAfPLOYES DE LA COURONNE _Wi iii~~~i~T DE L 'ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#1089/99 UNION# 99B883 99B884 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Margel et al) Grievor -and- The Crown In RIght of Ontano (Mimstry of FInance) Employer BEFORE Barry B FIsher Vice-Chair FOR THE GRIEVOR Don MartIn Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Helen Ecker Labour RelatIOns Consultant Mimstry of FInance HEARING Apnl 24 2001 2 DECISION These gnevors (the Present Gnevors) are concerned that as a result of a settlement of a prevIOUS competItIOn gnevance (the OngInal Gnevance), they were demed the nght to compete for a posItIOn. In the OngInal Gnevance, OPSEU and the Mimstry settled the case In part by placIng the OngInal Gnevors In the next vacancy that came up In that job category As a result of thIS settlement, the Present Gnevors feel that they have been demed a chance to compete for thIS new vacancy as the OngInal Gnevors were placed In the posItIOn wIthout a competItIOn. The employer has made a motIOn to dIsmIss thIS case on the basIs that there has been no vIOlatIOn of the collectIve agreement. The umon does not dIspute that there has been no vIOlatIOn of the collectIve agreement. AccordIng to SectIOn 7 (3) of the Crown Employees Collective Bargaining Act RS 0 1993 c 38 there must be a dIfference between the partIes for thIS Board to have jUnSdIctIOn. 3 F or all of the reasons expressed In Re The Crown in Right of Ontario (MinistlY of Government Services) and Ontario Public Services Employees Union (SteYf,art) June 22, 1995) unreported (Bnggs) and Re The CroYf, n in Right of Ontario (Toronto Area Transit Operating Authority) and Amalgamated Transit Union (Blake) May 3 1988) unreported (ShIme) I have concluded that I do not have jUnSdIctIOn to hear and determIne these gnevances AccordIngly thIS gnevance IS dIsmIssed. Dated at Toronto thIS 9th day of May 2001 Barry B FIsher Vice-Chair