Grievance Settlement Board
GSB # 1014/96, 1719/96, 211/97, 1519/94 OPSEU # 96D795-804, 96H020, 97C263, 94G257
IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Brisebois et al, McMillan, Group Grievance, Harris) Grievor
- and -
The Crown in Right of Ontario (Ministry of Finance) Employer
BEFORE: Richard Brown, Vice Chair
FOR THE GRIEVOR: Don Martin, Grievance Settlement Officer, Ontario Public Service Employees Union
FOR THE EMPLOYER: Karen Rasmussen, Counsel, Legal Services Branch, Management Board Secretariat
HEARING: June 1, 2000
These grievances involve monetary increases withheld during the period governed by the Social Contract Act. The grievors contend they became entitled to those increases upon the expiration of the statute’s term of operation. In other words, they seek a “catch-up” increase.
The employer submits the grievors are not entitled to such an increase. This submission is based upon the second sentence of paragraph 7.5 of the Sectoral Framework Agreement dated August 1, 1993. Paragraph 7.5 states:
No merit increase, movement in salary step, progress through the range or salary grid shall be granted for the three years from June 14, 1993. there will be no service catch-up for merit increase or grid movement purposes after the expiry of the social contract.
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 2nd day of June, 2000.