Grievance Settlement Board
GSB #0970/99
OPSEU #99B833
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Glenny)
Grievor
- and -
The Crown in Right of Ontario
(Ontario Realty Corporation) Employer
BEFORE Jules Bloch Vice Chair
FOR THE GRIEVOR Don Martin Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER Mr. Christopher Jodhan Counsel Legal Services Branch Management Board Secretariat
HEARING September 19, 2000.
This matter was listed for hearing on September 19, 2000. The grievance concerns the alleged unjust termination of James Glenny. The Ontario Realty Corporation decided to pursue a policy of alternative service delivery of land services. The policy was achieved by way of competitive tendering for the provision of these services through Request for Proposals (RFP). OPSEU and The Crown entered into negotiations about the transfer of work and reasonable efforts related to the RFPs. These negotiations resulted in two separate minutes of settlement and release (dated October 9, 1998 and April 9, 1999.)
At the hearing, both OPSEU and The Crown asserted that the minutes of settlement, dealt with Mr. Glennys grievance in that upon the signing of the settlements, OPSEU had withdrawn all individual, group and policy grievances relating to the transfer of work in the above noted RFP. Further, asserted the parties to the collective agreement, OPSEU has by the above noted minutes of settlement, ...releases and forever discharges the Employer, its employees, office-holders and agent of all actions, causes of action and claims relating to the transfers in the above referenced RFPs and the October 9, 1998 agreement.
Having heard the submissions of the parties, I find that I do not have jurisdiction to entertain this grievance as this matter has been settled and withdrawn.
Dated at Toronto, this 28th day of September, 2000.