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HomeMy WebLinkAbout2004-1463.Beek et al.06-10-05 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2004-1463, 2004-1473, 2004-1814, 2004-1985 UNION# 2003-0517-0069, 2004-0517-0055, 2004-0517-0061, 2004-0517-0078 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Beek et al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Vice-Chair Ken Petryshen FOR THE UNION Stephen Lavender Barrister and Solicitor FOR THE EMPLOYER Simon Heath Counsel Ministry of Government Services HEARING July 6, 2006. 2 Decision I have before me a number of grievances filed by Correctional O fficers (?COs?). The grievors had been employed as COs previously by the Ministry of Community Safety and Correctional Services (?the Minist ry?), had been away from the Mi nistry for differing periods of time after their employment had b een severed and were then rehired by the Ministry. They challenge in their grievances the Ministry?s deci sion concerning their rate of pay on re-hire. In applying its re-hire policy to the gr ievors, the Ministry placed them at the first level of pay of the CO2 classification or at a level less than the one they had when they left the Ministry. The Union alleges that other employees rehired by the Ministry were given a rate of pay at the top level of the CO2 classification, even though their circumstances we re no different from those of the grievors. In essence, the Union alleges that this different ial treatment of the grievors constitutes a contravention of the Collective Agreement. The Uni on requests that the grivors be placed at the top level of the CO2 classifi cation and paid damages for their losses. I entertained submissions from the parties on the issue of whether, assuming a violation of the Collective Agreement, the grievors would be entitled to an order directing the Ministry to pay them at the top level of the CO2 classifi cation. Just prior to the hearing where these submissions were made, counsel for the Ministry indicated that the Ministry would take the position that the GSB did not have the jurisdiction to entertain these grievances. Counsel then advised that he would not pursue the jurisdictional issue at the h earing where the remedial issue was being addressed, but would want to deal with it at a subsequent time. After considering the submissions on the remedial issue, I have decided to reserve my decision on that matter and to 3 hear the submissions of counsel on the jurisdic tional issue. If the GSB does not have the jurisdiction to decide the grievances, the remedial issue obviously becomes academic. Accordingly, I will reserve my decision on th e remedial issue. This matter will be set down for hearing for the purpose of entertaining submissions on whether the GSB has jurisdiction to deal with these grie vances. This matter is referred to the Registrar to set a date for hearing, after consulting with the parties. th Dated at Toronto, this 5 day of October, 2006. Ken Petryshen ? Vice-Chair