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HomeMy WebLinkAbout2000-0128.King.00-10-23 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L 'ONTARW GRIEVANCE COMMISSION DE 1111 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 #0128/00 OPSEU #OOE 119 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Emplovees Uillon (Kmg) GIievor - and - The Crown m Right of Ontano (Mimstn of Health and Long-Term Care) Employer BEFORE Bam Fisher Vice Chair FOR THE Kathleen Lawrence GRIEVOR Gnevance Officer Ontano PublIc ServIce Emplovees Uillon FOR THE Janet Mvers EMPLOYER Emplovee Relanons Consultant Mimsm of Health and Long-Term Care HEARING October 13 2000 2 Award ThIS case was heard under the medlarb provIsIOns of the CollectIve Agreement. The Gnevor IS a long term employee of the MInIStry who qualIfies for a Factor 80 early retIrement on November 15, 2001 She feels that she IS only performIng a small part of the dutIes In her Job descnptIOn as the MInIStry has assIgned most of her work to other employees As a remedy she wants the Gnevance Settlement Board to order her to be surplused. The MInIStry stated that the gnevor IS performIng valuable work that IS reqUIred to be done If she were to be surplused, the MInIStry would have to hIre addItIOnal staff to perform her work. The Gnevance Settlement Board has no JunsdlctIOn to order the MInIStry to gIve an employee a surplus notIce, nor can an employee gneve the failure of the MInIStry to do so DeclarIng someone surplus IS sometImes used as way of settlIng gnevances, but that can only be done wIth the consent of both partIes ThIS gnevance IS therefore dIsmIssed. Dated at Toronto, thIS 23rd day of October 2000 Barry B FIsher, VIce Chair