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HomeMy WebLinkAbout1985-1642.Union.86-09-25Between Before For the Griever: 1642185 IN THE MATTER OF AN ARBITRATION - Under - THE CROWN EMPLOYEES COCLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD For the Employer: OPSEU (Union Grievance) - and - The Crown in Ri,ght of Ontario (Ministry of Transporration-and Communications) M.R. Gorsky R. Traves d.A. Peckham P.A. Sheppard Barrister & Solicitor 595 Bay Street D.I. Wakely Counse 1 Winkle=, Filion & Wakely Barristers& Solicitors Griever Employer Vice-Chairman Member Member Hearing: August 22, 1986 INTERIM AW5RD The Statement of Grievance (dated February 10, 1986) is as follows: -“The Union grieves that the Ministry of Transportation and Communications has violated the Collective Agreement with respect to Working Conditions and Employee Benefits. The violation arises as a result of the employer’s refusal to negotiate the salary range for the new/revised classifications of, but not limited to, that of the existing Highway Carrier Inspector and Vehicle Inspector series (Enforcement Officers), contrary to the provision~s of Article 5 and Article 18 of the Collective Agreement.” At the opening of the hearing the Board was asked to issue an Interim Decision in accordance with the .following consent agreement arrived at by the.parties, which was presented to the Board: “1. The Union abandons any reliance upon the provisions of Article 18 of the Collective Agreement. “2. The hearing will be adjourned sine die, subject to the following directions of the Board: “(a) The parties will ask the Board to appoint two panels, each panel to hear one classbfication grievance for a Highway Carrier Inspector and one classification grievance for a Vehicle Inspector. ..~.~. “I The grievers, whose grievances are to be adjudicated (as representative cases) will be selected as follows: “(i) Within ten days of the date of this Interim ~Award the Employer and the Union will exchange lists of ten grievers in the Highway Carrier Inspection classification and ten grievers in the Vehicle Inspection classification. “(ii) If-the parties are unable to agree on the grievances to be adjudicated, either from the liits exchanged or as a result of negotiations arising after the exchange of the lists, then the representative cases for each panel are to be selected from the twenty names from each classification submitted ~by the parties..-; The names, so submitted, will be placed in a separate receptacle for each classification and will be drawn by 3 the Registrar. The two names first drawn by the Registrar, from each receptacle, will be the representative grievances to be adjudicated. “(iii) Within ten days of the completiowof the selection process, the Union will furnish the Employer with the particulars of any classification requested on behalf of the grievers whos& cases have been selected for adjudication. This direction (iii) is without prejudice to the Union’s arguing that the Board may order the Employer to create..~a~new classification. “(iv) The Board will expedite the hearing dates of the cases to be adjudicated, as above determined, in consultation with the parties. “3. The parties agree that,‘while the grievance purports to involve a violation of Article 5.8 of the collective agreement, there should be substituted an allegation cla~iming a violation of Article 5.9. “4. The above agreement of the parties be made an .’ order of the Board. “5. That the above agreement is subject.to the Employer being able to raise a preliminary objection that the iine die adjourned grievance is inarbitrable based on an argument that a violation of Article 5.9 cannot be dealt with by the Board in its present form but should have been brought as individual grievances.” Upon hearing the terms of the above agreement and the explanation that it was intended to serve Asia means of disposing of 260 potential individual grievances, and upon hearing what was further stated by counsel for the parties, ic is ordered, on the special circumstances of this case, that the above agreement be, and the-same is hereby made an order of the Board. DATED & London, Ontario This 25th day of September, 1986. M. R. Gorsky Vice-Chairman : _. 7@ -- G. A. Peckham Menher R. Traves Member