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HomeMy WebLinkAbout1984-0147.Lasani.87-05-15IN THE MATTER OF AN ARBITRATION Under THE CROWN EPfPLOYBES COLLECTIVE BARGAINING ACT Before, THE GRIEVANCE SETTtEMENT BOARD BEFORE: OpSEU (Aquil Lasani) -and-, Griever THE CROWN IN RIGHT OF ONTARIO (MINISTRY OF COMMUNITY AND SOCIAL SERVICES) R. .I. Delisle I. .I. Thomson H. Roberts Vice-Chairman Member Member FOR THE GRIEVOR: A. Ryder Counsel Gowling b Henderson FOR THE EMPLOYER: A. W. HcChesney Counsel Management Board of Cabinet Employer HEARING DATES: April 1, 1987 7, . - .> ’ / DECISION The grievor complains that he was not properly considered for a Developmental Opportunity (1 year) for the position of Rehabilitation and Employment Supervisor (Social Work P.M. - 17). The employer gave notice in advance of the hearing that it would be objecting to the jurisdiction of the Grievance Settlement Board to arbitrate the grievance. The employer agrues that the position sought by the grievor is a managerial position and as such excluded by the Crown Employees Collective Bargaining Act, R.S.O. 1980, c. 108, s. l(f) (iii).~ Dorothy Cameron, Compensation and Staffing Advisor in the Human Resources Branch .~ of the Ministry of Community and Social Services testified. Cameron identified Exhibit 2, the Position Evaluation for the sought after position. That document allocates the position to be management and so covered by the.Management Compensation Plan. Counsel for the grievor sought to cross-examine Cameron with respect to the standards for the position and counsel for i the Ministry objected that this was' irrelevant. Counsel for the grievor sought leave to cross-examine with the expectation that he might be able to convince us that, notwithstanding Exh'libit 2, the position is in truth a bargaining unit position. We.decided that while one could argue that we might have the authority to decide this issue, see Re C.I.L. and Allied, [1972] 3 O.R. 63(C.A.), such a matter should be reserved for the Labour Relations Tribunal. In OPSEU (D.W. Cannins. et al) and 2 Crown/Ontario (Ministry of Government Services, unreported, April 17, 1986 (Ont. Div. Ct.), Saunders, J. writes: In the Ontario Public Service, there is a distinction between bargaining unit employees and non-barga.ining unit employees. The distinction is sometimes referred to as a question of status. An unresolved dispute with respect to the status of a particular employee is determined by the Labour Relations Tribunal established under the Act. Status is separate and apart from classification. The Board has jurisdiction to consider * lob classification but not status. Accordingly we adjourn this matter sine die to allow the parties to proceed to the Tribunal to resolve the disput~e. Dated at Kingston, this 15th day of May, 1987. I. J. Thomson, Member "-gT+ U H. Roberts, Member