Grievance Settlement Board
GSB #0534/98, 0217/99
OPSEU #98B339, 99B452
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Tedford, Seed)
Grievors
- and -
The Crown in Right of Ontario (Ministry of Health and Long-Term Care)
Employer
BEFORE Gerry Lee Vice Chair
FOR THE GRIEVOR(S) Henry Brugma Staff Representative Ontario Public Service Employees Union
FOR THE EMPLOYER Linda Eckert Human Resources Co-ordinator Human Resources Services, Brockville
HEARING September 28, 2000.
AWARD
The Parties agreed to and participated in a mediation/arbitration procedure in accordance with article 22.16 of the collective agreement to deal with the above-captioned grievances.
The Grievors in this matter grieve that there has been a violation of the collective agreement in the calculation of their severance payments as it relates to attendance credits. This issue was determined, to the grievors’ detriment, by the Grievance Settlement Board in OPSEU (Valentine, DaSilva, et al/Union Grievance) and the Ministry of Labour, GSB #2105/96, (Leighton).
The Union and Employer contend that I am without jurisdiction to hear the grievances because neither of them wishes to have the matter arbitrated. This contention is clearly correct, given the decision in ATU (Blake) and Toronto Area Transit Authority, GSB # 1276/87 (Shime), dated May 3, 1988.
Accordingly, the above-captioned grievances are dismissed.
Dated at Brockville, Ontario, this 12th day of October, 2000.