GSB#1847/99
OPSEU #00E010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Carolli)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health and Long Term Care) Employer
BEFORE Barry Fisher Vice Chair
FOR THE Kathleen Lawrence
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Janet Myers
EMPLOYER Employee Relations Consultant
Ministry of Health and Long-Term Care
HEARING September 12, 2000.
AWARD
This grievance involves a claim under Article 7.1.2 of the Collective Agreement regarding Pay Administration.
This case was heard as part of the med/arb process.
The Grievor settled a previous grievance on April 21, 1999 at which time it was agreed that the Grievor was to be permanently assigned to the position of a Hardware Network Technician, which held the classification of a Systems Officer 2. Unfortunately for the Grievor, there was no discussion at the time of settlement as to where the Grievor would be placed on the appropriate pay grid. It should be noted that the Grievor signed the settlement against the advice of his Local OPSEU President. In fact the grievor obtained legal advice from his own lawyer on whether or not he should accept the settlement. The grievor did not raise the issue of the placement on the pay grid with his lawyer, nor is it even clear that his lawyer had a copy of the Collective Agreement.
The grievor assumed that as he had in effect been performing the duties of a Hardware Network Technician for seven years before he was confirmed into the position, that he should have been put at the top of the Hardware Network Technician pay grid.
However that assumption by the grievor was incorrect. Article 7.1.2 of the Collective Agreement makes it clear that, subject to a minimum 3% pay increase, where an employee receives a promotion, the employee’s new pay is at the lowest level in the new pay grid. This is what the employer did in this case.
I therefore find that the Grievor was properly placed on the salary grid following the settlement of his previous grievance.
The grievance is therefore dismissed.
Dated at Toronto this 5th day of October, 2000.