Ontario Public Service Employees Union (Stewart) v. The Crown in Right of Ontario (Ministry of Transportation), 2000 CanLII 20470

GSB # 169/96

OPSEU # 96B454

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Stewart)

Grievor

• and -

The Crown in Right of Ontario

(Ministry of Transportation)

Employer

BEFORE Richard M. Brown Vice Chair

FOR THE Robin Gordon

GRIEVOR Grievance Officer

Ontario Public Service Employees Union

FOR THE Ben Ratelband

EMPLOYER Counsel Legal Services Branch Management Board Secretariat

HEARING March 21, 2000

Sean Stewart filed a classification grievance dated February 10, 1995. It was assigned two grievance numbers: 95C302 and 96B454.

The employer contends a grievance dealing with classification is barred from arbitration by both the Crown Employees Collective Bargaining Act and the local appendix to the sectoral framework agreement under the Social Contract Act. The union does not contest the position taken by the employer on this point.

In the absence of any dispute between the parties to the collective agreement, the employer submits I am without jurisdiction to hear the grievance. In this regard, counsel relies upon the decision in E. Blake and Amalgamated Transit Union, GSB File No. 1275/87, dated May 3, 1988. I agree with this submission.

The grievance is dismissed.

Dated at Toronto, this 28^th day of March, 2000.