HomeMy WebLinkAbout2000.1388.Walker.01-06-13 Decision
~~~ o~~o EA1PLOYES DE L4 COURONNE
_QJ_L i~~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#1388/00
Umon#01B008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Befo re
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Walker)
Gnevor
- and -
The Crown In RIght of Ontano
(MInIstry of Commumty and Social ServIces)
Employer
BEFORE RIchard Brown V Ice-Chairperson
FOR THE GRIEVOR Int Kelman, Counsel
Ryder Wniht Blair & Doyle
BarrIsters SolIcItors
FOR THE EMPLOYER MeredIth Brown, Law Project Officer
Legal ServIces Branch
Management Board Secretariat
HEARING June 7, 2001
DecIsIOn
Mr Walker's gnevance, dated November 27,2000 IS compnsed of two
parts
The employer has faIled to recogmze my full wage In respect of
enhanced severance thereby under paYIng me
They have further vIOlated my nghts by havIng me perfonn the dutIes
of a youth worker 1 court lIaison willie paYIng me as a dnver
As recorded In a letter, dated December 18,2000, from Dale EllIot to
the gnevor, the first part of the gnevance was settled at stage two of the
gnevance process by the employer agreeIng that "the CustodIal Allowance
wIll be Included In the calculatIOn of your tennInatIOn pay" I remaIn seIzed
of the llnplementatIOn of tlllS settlement
As to the second part of the gnevance, the employer contends It IS
Inarbltrable because It deals wIth a matter of classIficatIOn The umon does
not contest the posItIOn taken by management on tlllS pOInt In the absence
of any dIspute between the umon and employer partIes to the collectIve
agreement, I am wIthout JunsdlctIOn to hear the second part of the gnevance
See E Blake and Amalgamated Tran~zt Unzon, GSB FIle No 1275/87, dated
May 3, 1988
Dated at Toronto, tlllS 13th day of June, 2001
RIchard Brown, VIce-Chair
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