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HomeMy WebLinkAbout1983-0467.Bouchard.84-04-11IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLGYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Michael Bouchard) Griever - and - The Crown in Right of Ontario (Ministry of the Environment) Employer Before: For the Grievor: For the Employer: Hearing: February 27, 1984 R; J. Roberts Vice Chairman J. Best Member A. Reistetter Member N. Luczay Grievance Officer Ontario Public Service Employees Union G. S. Feeley Manager, Personnel Operations Human Resources and Personnel Development Branch Ministry of the Environment INTERIM DECISION At the outset qf the heari‘jy, the Union indicated that the grievor wished to amend the settlement requested in his grievance. Originally, the yrievor -- who was grieving that he was improperly classified as an Environmental Technician 3 -- claimed the classification of Environmental Technician 4. By virtue of the amendment, this claimwouldhave been.replacedby one directed toward an entirely different classification in a different class series, the classifica- tion of Systems Officer 2. The Employer objected to the amendment. Both parties thereupon.requested that the Board decide the issue before proceeding to hear evidence on the merits of the case. We granted this request, and after oral argument we went into Executive Session to consider the.matter. Upon a review of the submissions of the parties, it was the unanimous conclusion of the Board that the amendment should not be allowed. To do so would be to effect a material change in the substance of thegrievance, a~changewhich never had been dealt with by the parties at any stage of the formal grievance procedure. It was undisputed that the classification of Systems Officer 2 was in a completely -. .-- -. .c different class series and different category from the classification of Enviromental Technician 4. The two classifications were not even related in terms of salary negotiations. There was no precedent to support allowing such a drastic amendment to a classification grievance. In fact, the authorities cited by the parties supported reaching the opposite conclusion. In Re Dashfield and Ministry of Community and Social Services, G.S.B. #333/80 (Delisle), the Board rejected a similar attempt to amend a grievance to claim a classification in a different class series. See &$, at 2. In Re Price and Ministry of Community and - Social Services, G.S.B. #25/81 (Verity), the Board stated, in pertinent part, "In our view, it would be improper to allow an amendment requesting an entirely different classifica- tion series from that set out in the grievance form." Id. - at 6. The request for amendment is denied. This leaves the grievance in its original form, i.e., as one claiming the classification of Enviromental Technician 4. We will retain jurisdiction of the merits of this grievance. The Unionwill be given a reasonable time within which to inform this Board whether it intends to proceed in the matter. DATED AT London, Ontario this 11th day of April , 1984. _ J. Best, Member A. wistetter, Yember