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HomeMy WebLinkAbout2005-2393.Colbert et al.06-01-04 Decision Crown Employees Commission de Nj Grievance Settlement reglement des griefs Board des employes de la Couronne ~ Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2005-2393 2005-2394 2005-2395 2005-2396 2005-2397 UNION# 2005-0636-0040 2005-0636-0043 2005-0636-0044 2005-0636-0045 2005-0636-0046 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Colbert et al ) Union - and - The Crown In RIght of Ontano (Mimstry of Health and Long-Term Care) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Kathleen Lawrence Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Janet Myers Employee RelatIOns Consultant Mimstry of Health and Long-Term Care HEARING November 16 2005 2 DeCISIon ThIS matter was heard under the MedIatIOn/ArbItratIOn procedure set out In Art. 22 16 of the collectIve agreement. The gnevors are all unclassIfied employees wIth less than 5 years of servIce who allege that they have been demed severance pay Both the employer and the umon agree that the severance provIsIOns In the collectIve agreement are found In ArtIcles 53 and 78 neIther of whIch are Included In the lIst of artIcles applIcable to unclassIfied employees, as stIpulated In Art. 31A. GIven that the gnevors were all unclassIfied employees when the gnevances were filed, ArtIcles 53 and 78 do not apply to them. After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my vIew that there IS no eVIdence to support the conclusIOn that the employer has vIOlated the collectIve agreement In the applIcatIOn of the severance pay provIsIOns to these gnevors As a result the gnevance IS dIsmIssed. Dated at Toronto thIS 4th day of January 2006