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HomeMy WebLinkAbout2001-0933.Group Grievance Ainsbury et al.02-10-11 Decision ~~~ o@~o EA1PLOYES DE L4 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# 0933/01 UNION# 01F530 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Group Gnevance, AInsbury et al ) Grievor -and- The Crown In RIght of Ontano (Mimstry of TransportatIOn) Employer BEFORE Bram HerlIch Vice-Chair FOR THE UNION RobIn Gordon Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Corey Foster Employee RelatIOns AdvIsor Mimstry of TransportatIOn SUBMISSIONS September 24 2002 2 AWARD The partIes have put thIS case before me by way ofwntten submIssIOns Those submIssIOns are as follows In the mterest of resolvmg the above-noted dIspute m a tlmeh manner the partIes agree to the followmg facts 1 The Mimstn of TransportatIOn and OPSEU entered mto mmutes of settlement dated Ma, lith, 2001 2 One condItIOn of the mmutes of settlement was to appomt an employee to the posItIOn of Semor Dnver Exammer at the Oshawa Dnver EXaImnatIOn Office 3 On Ma, 23 2001 employees Mark Amsbun Gan Roffe, Frank Jackson, Greg Keen, Tom DelplppO Wend, McCabe Patncla Thompson-Jeffre, Gall Freemantle Lauree Hubbert, Cath, SIlva, and Carol Kelh filed a group gnevance allegmg that the Mimstn had vIOlated artIcle 6 of the CollectIve Agreement b, not posltmg [SIC] the posItIOn of Semor Dnver EXaImner at the Oshawa Dnver EXaIllmatIOn Office SubmIssIOns of the partIes OPSEU The gnevors m thIS matter allege that the employer has vIOlated artIcle 6 of the CollectIve Agreement b, faIlmg to post the posItIOn of Semor Dnver EXaIllmer at the Oshawa Dnver EXaIllmatIOn Office The Umon concurs that the Mimstn was reqUIred to fill the vacanc, m accordance wIth the mmutes of settlement dated Ma, 11 2001 The Umon 3 therefore does not allege an, vIOlatIOn of the CollectIve Agreement agamst the Employer m thIS matter and takes the posItIOn that there IS legalh no dIspute wIth respect to the Mimstry's actIOns m thIS matter NotwIthstandmg the above the Umon notes that the gnevors m thIS matter remam frustrated that the, were not provIded wIth a satIsfacton explanatIOn as to the sItuatIOn m a tImeh manner Employer Whereas there IS no dIspute between the bargammg agent and the employer m thIS matter the Employer submIts that the Board lacks JunsdIctIOn to reVIew and decIde thIS matter In accordance wIth the decIsIOn m ATU (Blake) & Toronto Area Transit Authoritv GSB File No 1276/87 (ShIme) dated Ma, 3 1988 the Board IS compelled to follow other awards of the Board. The Board has had opportumn to reVIew a number of cases pnor to thIS case where there IS no dIspute between the bargammg agent and the employer In all of these cases the board has concluded that It dId not have JunsdIctIOn and dIsmIssed the gnevance Cases m pomt are OPSEU (group grievance Cook et al.) vs The Crown in Right of Ontario (The Ministrv of the Solicitor General and Correctional Services) GSB#1401/99 and OPSEU (Pearson and Azevedo) vs The Cro>tn in Right of Ontario (Ontario Clean Water Agencv) GSB# 1911/96 The Mimstn requests that the gnevance be dIsmIssed Dated thIS 24th da, of September 2002 <signed Robm Gordon> For OPSEU <signed Core, Foster> For the Mimstn 4 HavIng regard to the posItIOns of the partIes and the fact that there IS no legal dIspute between them, the gnevance IS hereby dIsmIssed. Dated at Toronto thIS 11th day of October 2002 ~ ~).L~~~~l: _. , ... .. r~ . :.. I .. :" Bram HerlIch, Vice-Chair