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HomeMy WebLinkAbout2006-2034.Union Grievance.06-12-20 Decision 2006 ONCEGSB 223 Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2006-2034 UNION# 2006-0999-0016 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Union Grievance) - and - The Crown in Right of Ontario (Ministry of the Attorney General) Owen V. Gray Stacey Zafiriadis Grievance Officer Ontario Public Service Employees Union Len Hatzis Counsel Ministry of Government Services December 11, 2006. Union Employer Vice-Chair 2 Decision [1] I have been assigned jurisdiction to hear disputes arising out of Appendix 32 of the parties' collective agreement. The following matters were referred to me for resolution: Disputes of Richard Wilson, Robert Evans, Gail Douglas and Gerry Davis (London) Dispute of Susan St. Denis (Cornwall) Disputes of Fatima Conceicao, Cheryl Mccullough, Group of Adams, Jane (Newmarket) [2] Each of these disputes raises one or more of the following issues: a) whether length of unclassified service should be taken into account in making assignments to Annual Hours Categories under section 3 of Appendix 32; b) whether an employee in receipt of pension benefits under pensions other than the OPSEU Pension Trust was or is entitled to opt out of conversion to Flexible Part- Time status under Appendix 32; c) whether employees converted to Flexible Part-Time status under Appendix 32 are thereafter entitled to payment in lieu of holiday pay under Article 31.A.5.1, payment in lieu of vacation pay under Article 31.A. 6.1 or payment in lieu of benefits under Article 31. A. 7. 1. The employer and the union agree that the answer to each of these questions is "no." Accordingly, in so far as these disputes raise those issues, they are hereby dismissed. [3] If these disputes raise any other issues about which the employer and the union have a disagreement, those other issues will be addressed at mediation-arbitration on a future date. Dated at Toronto this 20th day of December, 2006.