HomeMy WebLinkAbout2002-0610.OPSEU (Union Grievance).02-08-02 Decision
~M~ om~o EA1PLOYES DE LA 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#06l0/02
UNION# 02Ul42
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Public Service Employees Umon
(Umon Gnevance)
Grievor
-and-
The Crown m Right of Ontano
(Management Board Secretanat)
Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Donald Eady
Counsel
Paliare Roland Rosenberg Rothenstem LLP
FOR THE EMPLOYER Leonard Marvy
Semor Counsel
Management Board Secretanat
HEARING July 3l 2002
2
DECISION
In a gnevance signed by Ms L Casselman dated June 27 2002, the Umon alleges
that the Employer has failed to comply with three Memoranda of Settlement which were
ratified on May 5 2002 In particular the Umon claims that the Employer has not met itS
obligatlOn as set out m paragraph 3 m each Memorandum which provides that
"retroactive adJustments shall be paid as soon as reasonably possible after ratificatlOn by
both parties" Paragraph 3 also provides that any adJustment to the wage rates shall be
paid for all hours worked retroactive to January 1 2002 The Employer mtends to fully
implement the retroactive adJustments on October lO 2002, and will make an mtenm
retroactive payment to OPSEU employees on August 1 2002 The Employer takes the
positlOn that itS plan for the retroactive adJustments is reasonable m the Circumstances
and that the Umon' s gnevance has no ment.
At the heanng on July 3l 2002, counsel for the Employer requested that the
heanng be adJourned. After considenng the parties' submisslOns With respect to the
Employer's motlOn, I ruled orally at the heanng that an adJournment was not appropnate
m the Circumstances and dismissed the motlOn. After discussmg procedural and other
issues With counsel, it became apparent, havmg regard to the lateness of the hour and the
number of heanng days reqmred for thiS proceedmg, that the best course was to proceed
with the matter on subsequent heanng dates Accordmgly the heanng of thiS gnevance
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will contmue on Monday October 28 Monday November l8 Fnday November 22,
Fnday December 6 2002, and Monday January 27 2003
Dated at Toronto this 2nd day of August, 2002
'"
Ken Petryshen - Vice-Chair