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HomeMy WebLinkAbout1984-0621.Hallman.86-03-11Ma& II, 1986 MEMORANDUM TO: AU Vice-Chairman and IMembers of the Grievance Settlement Board and the Public Service Grievance Board RE: 621184 OPSEU (James H. Hallman) and Crown/Ontario (Ministry of Transportation and Communications) (Samuels/Kaufman/Peckham) Enclosed herewith, for your information, is a copy of the Notice of Application for Judicial Review together with a copy of the endorsement on the Record in this matter. Registrar p .TAI/ss , I Encls. BETWEEN: Court file no. SUPREME COURT OF ONTAii-0 THE ATTORNEY GENEPAL FOR ONTARIO and THE ONTARIO PUBLIC SERVICE EMPLOYEES' UNION (JAMES H. HALLMAN) and THE GRIEVANCE SETTLEMENT BOARD APPLICANT(S) RESPONDENT(S) APPLICATIONUNDER the Judicial Review Procedure Act, R.S.O. c.224 and Rule 68 of the Rules of Civil Procedure NOTICE~OF:AF!!PkLICATION TO THE RESPONDENT(S) A LEGAL PROCEEDING HAS 3EEN COMMENCED by the applicant(s). The claim made by the applicant(s) appears on the following page. THIS APPLICATION will come on for a hearing before the Divisional Court on a date and time to be fixed by the Registrar on 19 ,*, f-w . at VW iLz+z*- at Osgoode Hall, 130 Queen St. W., Toronto, M5H 2M5 IF YOU WISH TO OPPOSE THIS APPLICATION, you or an Ontario iawyer acting for you must forth- with prepare a notice of appearance in Form 38C prascribed by the Rules of Civil Procedure, serve it on the applicant(s) lawy8r(s) or, where the applicant(s) do(es) not have a lawyer, serve it on the applicant(s), and file it, with proof of service. in this court office, and you or your lawyer(s) must appear at the hearing. IF YOU WISH TC PRESENT AFFIDAVIT OR OTHER DOCUMENTARY EVIDENCE TO THE COURT .ORTO EXAMINE OR CROSSEXAMINEWITNESSES’ON’THE~APPLICATION, you or your lawyer(s) must, in addition to serving your notice of appearance, serve a copy of the evidence on the applicant(s) lawyer(s) or, where the applicant(s) do@) not have a lawyer, serve it on the applicant(s), and file it, with proof of service, in the court office where the application is to be heard as soon as possible, but not later than 2 p.m. on the day before the hearing. IF YOU FAIL TO,APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN IN-YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. . . Date _- (+G?Mki TO: Ontario Public Service pmmM- dro,nqlnnrl Employees’ Union 1901 Yonge St. Toronto, Ontario M4S 225 Issued by . . . . :a. 9 AddressofcourtofbX 130 Queen St. W., Toronto, Ontario M5H 2M.5 . Notice of Applicati.~ S.C.O. Page l(a) AND To: Grievance Settlement Board 180 Dundas Street West, Ste.2100 Toronto, Ontario M5G 128 APPLICATION 1. The applicant(s) make(s) application for: an Order that the $g?Z$" ruling of the Grievance Settlement Board dated the 24th day of January, 1985, be quashed or set aside. 2. The grounds for the application are: Fz?zgzaY (a) The Board erred in law and thereby exceeded its jurisdiction t.tzf%:r in concluding that Article 4.3 of the Collective Agreement pwu*nL7nuO~ confers a right to a job within the bargaining unit on the w m.j bargaining unit employee with the longest continuous service if qualifications and abilYty with a non-bargaining unit employee are relatively equal. (b) The Board erred in law and thereby exceeded its jurisdiction in concluding that the continuous service of a non-bargaining unit employee should not be considered by the employer when that employee competes with a bargaining unit employee for a bargaining unit job position. (c) The Board erred in law and thereby exceeded its jurisdiction by reaching the patently unreasonable conclusion that seni- ority accumulates for an employee outside the bargaining unit but cannot be utilized in the assessment of that employee's suitability for a bargaining unit job position. (d) The Board erred in law and thereby exceeded its jurisdiction by fettering the employer's discretion with regard to an exclusive management right under the provisions of the Crown Employees' Collective Bargaining Act, R.S.O. 1980, c.419. Notice of Application S.C.O. Page Z&a1 (e) The Board erred in law and thereby exceeded itsi jurisdiction by altering, changing, amending or enlarging article 4.3.of ~the Collective Agreement contrary to Article 27.14 thereof. 3. The following documentary evidence will be used at the hearing of the application: Ru1L+dEd*LV -boor- The Record of Proceedings before the Grievance Settlement L-P)LU M m., Board. Date of issue: w 4/k.r ARCHIE CANPBELL, Q.C. Deputy Attoiney General Ministry of the Attorney General 18 Xing St. E., 17th Floor Toronto, Ontario M5C lC5 Michael M. Fleishman, Counsel 965-257a Counsel for the Applicant THE ATTORNEY GENERAL FOR ONTARIO and THE ONTARIO PUBLIC SERVICE'EMPLOYEES' UNION (JAMES H. HALIMANI et al. APPLICANT(S) RESPONDENT(S) court file no. SUPREME COURT OF ONTARIO Proceeding commenced at NOTICE OF APPLICATION (mm WE w&f m Rukr, ARCHIE CAMPBELL; Q.C. Deputy Attorney General Ministry of the Attorney General 18 King St. East, 17th Floor Toronto, Ontario M5C lC5 Michael M. Fleishman, Counsel 965-2570 Counsel for the Applicant ‘.-‘. “.,, ATTOWEY GNERAL FOR ONTARIO vs. THE ONTARIO PUDLIC SERVICE ..~ EMPLOYEES UNION et al. . _' - SUPRENE COURT OF ONTARIO (Divisional Court) nmxti3 cnmwmL, Deputy Attorney Ministry of the General Crown Law Office - 17th Floor ..;: ~. : ; .,, / 18 King STreet East : Toronto, Ontario M5C lC5 4 Michael M. Felishman, Counsel ': 965-2570 Solicitor for the Applicant