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HomeMy WebLinkAbout1985-1098.Ooi.89-03-29-.: ONTARIO EMPLOYESDE LA COURONNE CROWN EMPLOYEES DE L’ONTARKJ GRIEVANCE q m BOARD COMMISSION DE SEllLEMENT RkGLEMENT DES GRIEFS IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLXCTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: Before: APPEARING FOR THE GRIEVOR: APPEARING FOR THE EMPLOYER: - and - The Crown in Right of Ontario (Min:stry of the Environment) Grievor Employer 7 J. Forbes-~Roberts Vice-Chalrperson J. Anderson Member M. C'Toole Member Tlnothy Hadwep Counsel Cavalluzzo, Hayes & Lennon Barristers ad Soiicltors The instant matter concern5 a classlflcation grievance. The grlevor 1s employed by the Ulnlstry of the Envlronment (“the Employer”). He lnltlally claimed that he vas improperly clas- slfied as an Envlronmental Technlclan III, vhen ln fact he should be accorded the status’of Environmental Technician IV. BY vv of background, the Employer had performed a revision of its class standards. ‘All Environmental Technicians III had been revleved to ace if they indeed varranted the status of Environmental Technlclan IV. As a result of thls process some vere upgraded. Any vho failed in their initial bid vere as of right entitled to a vre-revlevv. Based on a set scoring struc- ture the grlevor vas unsuccesful in both attempts. A number of other person5 vere also unsuccesful and have grievances pending before the G.S.B.. Hearings vere held on January 10th and llth, 1999. Prior to the lunch break on January 11th union counsel moved to vlthdrav the grievance. Employer counsel resisted this, arguing that because the issue had commenced lltlgatlon there must be a final determination of the matter. The real dispute rested in the characterization of the issue. It vas the Union’s contention that the sole issue before this Board vas the propriety of the grlevor’s classification. By vlthdraving the grievance that issue vas dead. The Employer took the posltlon that the real issue vas the validity or invalidity of the revlev and wre-revlev” process. In other vords it vas not the grlevor’s classlflcatlon that vas at stake, but rather the lntegrity of the whole procedure. There- fore in light of the pending grievances of a like complaint, absent a final determination the Employer vould be subject to multiple jeopardy. We agree vlth the Union’s position. Without finding that ue could have prevented this action, we allov the grievance to be vlthdravn. The narrov issue before this Board vas vhether or not the grlevor vas properly an Environmental Technician III or IV. While that inquiry -necessarily entailed an investigation of the review and “re-revlev”~ procedure, it vould have concerned that procedure only as .lt related to this individual griever,. BY vithdraving the grievance the Union m provided a final determi- nation of u issue for the parties. The grievance 1s hereby vlthdravn: ~ Oatcld at Toronto this 29rh day of March, 1989. -- J. Forebrs-Roberts. Vicr-Chairperson /Fd. .l. Anderson, Mrmbcr V.F. O'Toolr, Membrr