GSB #0128/00
OPSEU #00E119
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(King)
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 October 13, 2000.
Award
This case was heard under the med/arb provisions of the Collective Agreement.
The Grievor is a long term employee of the Ministry who qualifies for a Factor 80 early retirement on November 15, 2001. She feels that she is only performing a small part of the duties in her job description as the Ministry has assigned most of her work to other employees. As a remedy she wants the Grievance Settlement Board to order her to be surplused.
The Ministry stated that the grievor is performing valuable work that is required to be done. If she were to be surplused, the Ministry would have to hire additional staff to perform her work.
The Grievance Settlement Board has no jurisdiction to order the Ministry to give an employee a surplus notice, nor can an employee grieve the failure of the Ministry to do so. Declaring someone surplus is sometimes used as way of settling grievances, but that can only be done with the consent of both parties.
This grievance is therefore dismissed.
Dated at Toronto, this 23rd day of October 2000.