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HomeMy WebLinkAbout2000-0707.Low.01-02-02 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 #0707/00 OPSEU#00B288 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Employees U mon (Low) Gnevor - and - The Crown m RIght of Ontano (Mimsm of Fmance) Employer BEFORE Ken Petn'shen V Ice Chair FOR THE Don MartIn GRIEVOR Gnevance Officer Ontano Pubhc ServIce Employees Umon FOR THE Helen Ecker EMPLOYER Labour RelatIOns Consultant Mimsm of Fmance HEARING Januan 24 2001 2 DECISION In a gnevance dated June 20, 2000, Mr Rodger Low claims that the Employer contravened the CollectIve Agreement when It placed hIm at step 1 of the Tax AudItor 4 senes, rather than at step 2 of that senes, subsequent to the executIOn of the current CollectIve Agreement and a Letter of Understandmg deahng With certam classIficatIOn adjustments, both of whIch were sIgned on June 25, 1999 Mr Low requests that he be assIgned to step 2 of the TA4 senes as of Apnl 6, 1999, and that the appropnate pay adjustments are made Mr Low s gnevance was dealt With at a proceedmg at HamIlton on January 24, 2001 Between the start of the year 1999 and the executIOn of the current CollectIve Agreement, Mr Low moved from an F02 to step 2 of the F04 pOSItIOn WIthm the FmancIaI Officer senes The Letter of Understandmg made the new Tax AudItor senes effectIve January 1, 1999 The Employer took the pOSItIOn that It was appropnate to place Mr Low at step 1 of the TA4, rather than at step 2, haVIng regard to the effectIve date agreed to by the partIes for the new Tax AudItor senes. Mr Low was gIven the OppOrtunIty to explam to me hIS VIews on thIS Issue and why he beheved that the Employer s conduct was unfair However, the Umon adVIsed me that It agreed With the Employer s mterpretatIOn of the relevant CollectIve Agreement prOVISIon. The partIes adVIsed me that there was no dIspute between them concernmg the mterpretatIOn of the 3 prOVISIons m the CollectIve Agreement and m the Letter of Understandmg whIch were the basIS of Mr Low s gnevance. The jUflsprudenc e of the GSB has recogmzed that It only has jUnSdIctIOn under the CollectIve Agreement to deal With dIsputes between the partIes and that It IS the Umon, not a gnevor, who decIdes whether a matter Will proceed to arbItratIOn. See, E. Blake et al and Amalgamated Transit Union (GSB Nos 1276/87 et al ) (May 3,1988) (ShIme) Smce the partIes adVIsed me that there IS no dIspute between them With respect to Mr Low s gnevance, the GSB does not have the jUnSdIctIOn to deal With the gnevance Accordmgly, Mr Low s gnevance dated June 20,2000, IS dIsmIssed. Dated at Toronto, thIS 21d day of February, 2001 " ~ Ken Petryshen, Vice-Chair