HomeMy WebLinkAbout1985-0813.Ayres.88-03-24Between: OPSEU (Alvan Ayres)
Before:
IN THE MATTER OF AN ARBITRATION
under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT
and
BOARD
The Crown in Right of Ontario
(Ministry of Correctional Services)
P. Draper
J. Solberg
L. Turtle
Vice Chairman
Member
Member
For the Griever: Bram Herlich
Counsel
~avalluzzo, Hayes and Lennon
Barristers and Solicitors
For the Employer: John Hannah
Se:lior Staff Relations Officer
Ministry of Correctional Services
Hearing: June 17, 1987
Griever
Employer
DECISION
The Grievor, Alvan Ayres, a probation officer, grieves
that the Ministry is "interfering with the judicial process and
the administration of justice in Canada" by having probationers
report to persons other-than probation officers. The reference
is to a particular use of persons who provide volunteer
services to the Ministry. The Grievor requests that the
Ministry be ordered to cease and desist from that practice.
It is argued for the Grievor that the practice is illegal
and is therefore an improper exercise of the managerial.rights
reserved to the Crown under the Crown Employees Collective
Bargaining Act (the Act). It is submitted for the Ministry, by
way of preliminary objection, that the Board lacks jurisdiction
in the matter.
It is not alleged for the Grievor that the use of
( volunteers by the Ministry in the circumstances described in .-
the grievance has any purpose related to collective bargaining
or that such use violates any right of the Grievor as a member
of the bargaining unit. Thus the grievance raises no claim that
the Ministry action complained of affects the Collective Bargaining
regime or is prejudicial to the Grievor personally. It simply calls
upon the Board to pass judgement on the discharge by the Ministry
of its responsibilities under the Ministry of Correctional Services
Act and the Criminal Code. It is not shown that the interpretation
of those statutes is necessary to the exercise by the Board of its
c., mandate under the Act,
i
2/
We are of the opinion that we are without jurisdiction to
entertain the grievance. These proceedings are accordingly
terminated. -
Dated at TORONTO , this 24th day of MARCH , 1988.
I P. Draper - Vice Chairman
L. Turtle - Member