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HomeMy WebLinkAbout1982-0451.Campbell.86-02-27 ONTARIO CROWN EMPLOYEES GRIEVANCE SETTLEMENT BOARD- . 180 OUNOAS STREET WEST, TORONTO. ONTARIO. M5G 1Z8-SUITE 2100 TELEPHONE= 4161598-0688 February 27, 1986 MEMORANDUM TO: All Vice-Chairman and Members of the Grievance Settlement Board and the Public Service Grievance Board RE: 451/82 OPSEU (Terrance H. Campbell) and Crown/Ontario (Ministry of Citizenship and Culture) (Jolliff a/McM anus/I.obraico) Enclosed herewith, for your information, is a copy of the Notice of Application for Judicial Review together with the reasons for judgment of the Divisional Court. . V�n�7nis'�'s T: Registrar TAI/ss Encls''. I IN THE SUPREME COURT OF ONTARIO DIVISIONAL COURT IN THE MATTER OF The Judicial Review Procedure Act , R.S .O. 1980 , c . 224 ; AND IN THE MATTER OF The Crown Employees , Collective Bargaining Act , R.S .O . 1980 , c. 108 ; AND IN THE MATTER OF the decision of the Grievance Settlement Board, dated the 12th day of December, 1983 with respect to the grievance of TERRENCE H. CAMPBELL .of the Ministry of Citizenship and Culture B E T 1V E E N : HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO Applicant -and- ONTARIO PUBLIC SERVICE EMPLOYEES UNION Respondent NOTICE OF APPLICATION FOR JUDICIAL REVIEW TAKE NOTICE that -the Divisional Court will be moved by counsel on behalf of .the Applicant , on a date to be fixed by the Court , for judicial review of the decision of the Grievance Settlement Board, dated the 12th day of December, 1983 and for an Order Quashing and setting aside the said decision on the following grounds : I -2_ (a) the majority erred at law by finding , contrary to the evidence , that the grievors supervised subordinate archivists ; '(b) the majority erred at law by placing undue reliance on the position specification for an Archivist 3 ; (c) the majority erred at law by comparing the work done by the grievors to the standard for Archivist 3 ; (d) the majority erred at law in its interpretation of the word "management" in the context of "Archival Management Work" ; . (e) the majority erred at law by supplementing the definition of the class standard for Archivist 3 with the evidence of the grievor , Ms . Craig , even though such evidence was applicable to the class standard for Archivist 2 . In particular, the majority purported to rewrite .the class standard for an Archivist 3 through its decision ; (f) the majority erred at law in finding that the gtievor's duties and responsibilities were closely -3- corresponded with those referred to in the Archivist 3 standard; and, (g) ' the majority erred in law and in jurisdiction in construing the collective agreement and in ,placing thereon an interpretation that the language could not reasonably bear ; and such further and other grounds as counsel may advise . AND TAKE NOTICE that in support of such application will be read the award and record of the Grievance Settlement Beard, the exhibits therein referred to , and such further and other materials counsel may advise and this honourable Court permit . AND TAKE NOTICE that if you wish to oppose this application, you shall file an Appearance on or before the date upon which the application is returnable . AND TAKE NOTICE that in default of filing an Appearance, you are not entitled to file any material on the application. DATED at Toronto this 22nd day of 'February , 1984 . ARCHIE CAMPBELL Deputy Attorney General Ministry of the Attorney General 18 King Street , East Toronto , Ontario Per: Dennis 11. Brown, Q-C , Counsel for the Applicant -4- T0 : Ontario Public Service Employees Union 1901 Yonge Street Toronto , Ontario M4S 2Z5 AND TO: Grievance Settlement Board Suite 2100 18Q Dundas Street , W. Toronto , Ontario 4' i l IN THE SUPREME COURT OF ONTARI DIVISIONAL. COURT BETWEEN: TIER MAJESTY THE QUEER' IN � RIGHT OF ONTARIO Applicant - and- ONTARIO PUBLIC SERVICE EMPLOYEES UNION Respondent NOTICE OF APPLICATION FOR JUDICIAL REVI E-W ARCHIE CMIPBELL Deputy Attorney General Ministry of the Attorney General 18 King Street , E . Toronto , Ontario Per: Dennis IV. Brown , Q. C. Counsel for the Applicant IN THE SUPRM COURT OF ONTARIO �+ at DIVISIONAL COURT ` �� IN THE MATTER OF The Judicial Review s-2. Procedure Act, R.S.O. 1980 , c. 224 ; I ' AND IN THE MATTER OF The Crown Employees Collective Bargaining Act , R.S.O. 1980 , c. 108 ; AND IN THE MATTER OF the decision of the Grievance Settlement Board, dated the 12th day of December, 1983 with respect to the grievance of TERRENCE H. CAMPBELL of the Ministry of Citizenship and Culture BETWEEN: HER xLAJESTY THE QUEEN IN RIGHT OF ONTARIO Applicant •and- ONTARIO PUBLIC SERVICE EMPLOYEES UNION Respondent YHE SIJPREtdE C011R7 OF ONJAR10 FILED R E C O R D APR V84 REGISTRAR S. C. O. DIV1510hAL COURT OFFICE COWLING F HENDERSON ARCHIE CA.HPBELL Barristers F Solicitors Deputy Attorney General Suite 402 'Ministry of the attorney General 181 University Avenue 18 Kling Street , East Toronto , Ontario Toronto , Ontario Chris G . Paliare Per: DENNIS 11• BROWN, Q.C. Counsel for the Respondent Counsel for the Applicant DIVISIONAL COURT BEFORE: HENRY, J. , " SOUTHEY, J. & BARR, J. DATE: MARCH 20, 1985. DISPOSITION: THIS APPLICATION IS dismissed with costs . While we may not agree with the test applied by the Board in the passage from its award quoted in paragraph. 12 of the Applicant 's factum, i.e. "that their duties and responsibilitie correspond generally with those referred to in the Archivist III standard" we cannot say that it resulted from a patently unreasonable interpretation of Article 5. 1.2(b) of the Collective Agreement . We are also of the view that there was some evidence to support the Board' s decision in favour of the grievors when it applied that test. Therefore there was no jurisdictionalerror and the application must be dismissed. i