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HomeMy WebLinkAbout1979-0271.Allin et al.81-06-25IN THE MATTER OF AN ARBITRATION 'Under The CROWN EMF'LOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: G. Allin et al Before: - And - The Crown in Right of Ontario (Ministry of the Environment) E. E. Palmer, Q.C. Vi,ce Chairman A. G. Stapleton Member L. Robinson Member For the Grievor: I. Rolland, Counsel Cameron, Brewin & Scott For the Employer: R. B. Itenson Civil Service Commission Hearing: May 20, 1981 i i I a bl A R D 2. ----- The @resent arbitration invol,res a number of grievances filed, amongst others, by Mr. G. Allin, alleging ,that they had'certain rights regarding their pension funds on the transfer of certain works hitherto operated by the Xinistry to the City of Chatham. This grievance was not .resolved by the parties and proceeded to.arbitration, a hearing in relation to which took place in Toronto, Ontario, on 20,Nay 1981. At that time a question arose regarding the jurisdiction of this Board to deal with this matter. Essentially, . the Zmployer took the view inat this Board had no jurisdiction to deal with the matter as there is no basis for the claim in the Collective Agreement,nor was there anything in Section 17 (2) of the Crown Employees Collective Bargaining Act, 1972, Stats. Ont. 1972, c. 57, as am., to rectify this situation. Consequently, it was urged that the instant grievance Was nota?roper subject for either the grievance procedure established by the Collective Agreement between the parties or for arbitration. Put another way, the Employer urged that the only ,proper grievances which could be heard by this aoard are those which, according to Article 27.1 of the Collective Agree- ment-relate to "the interpretation, application, administration or alleged contravention" of the Collective Agreement. in these circumstances, it was urged that the rights in question were governed by other legislation, which, the Employer claimed, had been followed completely. . Numbers of authorities to support .the general propositions of law put forward by the Employer were then cited. For reasons which will become apparent, it is unnecessary to examine these in any detail. Essentially, the Union agreed with the general propositions advanced by ,the Employer regarding the resolution of this matter. Specifically, then, the Union agreed that there exists no jurisdiction in this Board to hear this matter. Quite properly, however, it pointed out that this Board is in no position to indicate that what was done in relation to pension benefits was corrects as we have no jurisdiction to do so. Consequently, this Board takes the position that we have no jurisdiction to deal with this matter and, more h specifically, make no finding with respect 'to the validity of any acts taken by the Employer. DATED at London, Ontario, I concur/dksszt I concur/-t A. Ci. StapLeto'n