Loading...
HomeMy WebLinkAbout1981-0418.Jackson and Wallace.82-07-12418/81 . 'IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: Before: For the.Grievors: G. Richards Grievance/Classification Officer Ontario Public Service Employees Union For the Employer: heari=: -. OPSEU (Leslie Jackson and Kenneth Wallace) - And - Grievors The Crown in Right of Ontario (Ministry of Iiealth) Employer R.L. Verity, Q.C. Vice Chairman~ H. Weisbach Member H. Laing Member S. Asselstine Regional Personnel Administrator Ministry oft Health March 22, 1982 G ./ ;j;. ' . -2- A IV A R D Both Grievers, Leslie Jackson and Kenneth hallace, are employed at the Klngston Psychiatric Hospital in the classification of Rehabilitation Counsellor 2. These identical .Grievances allege improper classification and request the remedy of reclassification to Social Worker 2 retroactive to the date the issue was first raised with Management. At the outset of the Hearing, and prior to the introduction of any evidence, the Employer raised the preliminary objection that ., the Board had no authority to hear the merits of either Grievance. Briefly, the issue is whether the Board has jurisdiction to hear the merits of Grievances where the re-classification relief requested is in another classification category in a separate class series. After hearing argument restricted solely to the juris~dictional issue on March 22nd, 1982, the Board requested each of the Parties to submit written argument. Subsequently, verv extensive and ab,le written I argument with supporting precedents, was submitted by each of the Parties to the Board. Having reviewed the written briefs presented, this 3oard is , of the opinion that we are without authority to.determine t!le merits of either Grievances based on the rationale of.tuo previous Grievance Settlement Board Awards, both being ‘.Awarde of Vise-Chairman R. J. Roberts -- See Uichael Brecht et al and the ?linistry of Community I al Services, 171/81 and Darlene Davis and the Ministry of y and Social Services, 170/81. The Board is aware that these re presently the subject of judicial review. Accordingly, we must uphold the merits of the Employer’s ;ry objection, and decline jurisdiction to consider the f either Grievance. DATED at Brantford, Ontario, this 12th day of July, 1982. B.L. Verity, Q.C. Vice Chairman “1 concur” (see addendum attached) H. Weisbach tiember K. Laing Member ! above iecision.- 1 have zer readlng nistry of. !ne Davis IS, 170/81 ?a ioIl of h