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HomeMy WebLinkAbout2006-1485.Jaques.07-04-05 Decision 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 Nj ~ Ontario Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2006-1485 UNION# 2006-0220-0015 IN THE MATTER OF AN ARBITRATION Under 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 (Jaques) - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Deborah 1. D. Leighton Stacey Zafiriadis Grievance Officer Ontario Public Service Employees Union Nicholas Sapp and Laura Elgar Employee Relations Advisors Ministry of Children and Youth Services March 27,2007. Union Employer Vice-Chair 2 Decision Before his retirement on September 21,2006, Mr. Jeff Jaques was a Youth Services Officer at Sprucedale Youth Centre in the Ministry of Children and Youth Services. On March 27, 2007, the parties referred Mr Jaques' grievance (2006-0220-0015) dated September 5,2006 to mediation-arbitration in accordance with Article 22.16 of the Collective Agreement. The grievance alleges that management violated the collective agreement by not declaring him surplus when he reached his factor 80 retirement option. The employer took the position that the grievor had no entitlement to be declared surplus under the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter and they requested in accordance with Article 22.16, that I issue a without prejudice decision, with no reasons. Having carefully reviewed the submissions of the parties as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto this 5th day of April, 2007.