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HomeMy WebLinkAbout2000-0260.Tilden.01-04-03 Decision o NTARI 0 EMPLOYES DE LA COL'RONNE CROWN EMPLOYEES 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#0260/00 OPSEU#00BI70 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Emplovees Umon (Tilden) Gnevor - and - The Crown ill Right of OntarIo (Ontano Real~ CorporatIon) Employer BEFORE Jamce D Johnston Vice ChaIT FOR THE Don MartIn GRIEVOR Gnevance Officer Ontano Pubhc ServIce Emplovees Umon FOR THE Robert Gordlca EMPLOYER Labour RelatIOns Consultant Human Resources ServIces Branch Management Board Secretanat HEARING March 29 2001 DECISION The grievance at issue in this case has four aspects to it. The employer has asked that the first three grounds raised in the grievance be dismissed as untimely The union has no dispute with the fact that those three aspects of the grievance were out of time With regard to the fourth issue, the employer takes the position raised in the grievance that I am without jurisdiction to deal with it pursuant to section 6 of the Public Sector Salary Disclosure Act, 1996, S 0 1996 c. 1 Sch. A ( the "PSSDA) The union does not dispute that this section applies and that based on the facts before me I am prohibited from finding that the PSSDA has been contravened. According to Section 7(3) of the Crown Employees Collective Bargaining Act R.S 0 1993, c. 38, there must be a difference between the parties for this Board to have jurisdiction. For all of the reasons expressed in Re The Crown in Right of Ontario (Ministry of Government Services) and Ontario Public Services Employees Union (Stewarl), June 22, 1995) unreported (Briggs), and Re The Crown 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 jurisdiction to hear and determine these grievances Accordingly, this grievance is dismissed. Dated in Toronto, this 3rd day of April, 2001 If- Janice D Johnston, Vice Chair 2