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HomeMy WebLinkAbout1978-0173.Bond.79-05-03Before: For the Grievor: For the Employer: Hearing: December 8th, 1978 Suite 2100, 180 Dundas Sty. West Toronto, Ontario IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Mr. L. Bond (Grievor) And Ministry of Natural Resources ~. (Employer) Professor G. W. Adams Chairman Mr. J. H. Morrow Member Mr. R. Cochrane Member Mr. G. Richards, Grievance Officer Ontario Public Service Employees Union 1901 Yonge Street Toronto, Ontario Mr. J. A. Temple, Supervisor Compensation Personnel Services Ministry of Natural Resources 4506 Whitney Block, Queen's Park Toronto, Ontario -2- Mr. L. Bond grieves that he has been unjustly terminated. The grievor was employed by the Ministry of Natural Resources in Lanark District as a public servant in the unclassified staff. He was appointed in accordance with section 8 of the Public Service Act, R.S.O., c.386. His ~periods of employment and work projects were: December 8, 1975 April 1, 1976 - March 31, 1976 ARDA Project May 16, 1976 November 15, 1976 March 16, 1977 April 1, 1977 August 16, 1977 October 3, 1977 December 3, 1977 - May 15, 1976 - September 10, 1976 - March 15, 1977 - March 31, 1977 - August 15, 1977 - August 26, 1977 - December 2, 1977 - March 31, 1978 Deer Pellet Survey - Fish & Wildlife White Lake, Water Quality Survey/Fish & Wildlife ARDA Support - Fish & Wildlife Extension of previous contract Trap net study - Fish & Wildlife Lake planning study on' Otty and Black Lakes - Lands Completion of Lake studies - Lands Completion of past projects e.g. Lake planning - Lands ARDA Support - Fish & Wild- life His employment ceased March 31, 1978 as provided in the standard form appointment document pertaining to unclassified staff and it'is argued that his employment ceased in accordance with section 9 of the Public Service Act. His job performance and attendance were satisfactory. He had no record of discipline. He was not dismissed by the Deputy Minister under section 22 (3) of the Public Service Act., He was not -3- released from employment by the Deputy Minister under either section 22 (4) or 22 (5) of the Public Service Act. He was not suspended under either 22 (1) or (2) of the Public Service Act. All appointment documents were signed by Mr. Bond and by the District Manager and the District Manager has been delegated by the Minister pursuant to section 8 (1) and (2) of the Public Service Act to make appointments to the unclassified staff. Each employment document contains the statement: "I understand that my employment is of a temporary nature to be effective from to end is not to be construed as leading to continuous employment." As a public servant in the unclassified service, Article 3 - ~: ,- of the working conditions collective agreement entitled "Seasonal or Part Time Employees" applies to~him. Article 3.1 provides that "the only terms of this Agreement that apply to employees who are not civil servants are those that are set out in this Article." It is our opinion that the grievor's employment "ceased" by operation of section 9 of the Public Service Act and by virtue of this section and the terms of his appointment, it cannot be said that he was "dismissed" within the meaning of s.17 (2) of the Crown Employees Collective Bargaining Act. As the parties have provided, the only portion of the collective agreement that applies to employees who are 'not civil servants is Article 3. Thus,.the..parties were fully aware of this particular interrelationship ~. between the Public~Service Act and the Crown Employees Collective Bargain- ing Act. The grievance is dismissed. -4- Dated at Toronto this 3rd day of May 1979. .I Professor G. W. Adams Chairman I concur Mr. J. H. Morrow Member I concur Mr.,R. Cochrane Member