GSB# 1705/96, 2214/96, 2717/96, 488/97, 1452/97, 1055/00, 1114/00, 1116/00
OPSEU# 96H018, 96H254, 97H008, 97C115, 97C366, 00A492, 00A496, 00A497
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bongard et al.)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFORE Owen V. Gray Vice Chair
Decision
1The parties have filed the following joint submission concerning the grievances listed in Schedule “A” to this decision:
Joint submission re outstanding MCSS Continuous Service date (CSD) grievances
In the matter of Bongard, and Sarides, the Union withdraws these grievances.
In the matter of Laforest, and Penniten, subject to paragraph 4, the Union agrees to withdraw these grievances.
In the matter of Bradbury, Farris, Fish, and McGuigan subject to paragraph 4, based on all current information the Union is unable to dispute the Employer's calculation concerning their Continuous Service Dates.
It is agreed that in the matters of Laforest, Penniten, Bradbury, Farris, Fish, McGuigan, that neither party is aware of any existing information which may influence the grievor’s Continuous Service Date, and further that;
a) any new, previously unsubmitted documentation of full time weeks worked in the Ontario Public Service submitted to the Employer in the future will be considered by the Employer at that time, on its individual merits and circumstances for the purposes of additional continuous service date credit.
b) should any of these Grievors receive a surplus notice, such notice will not be rescinded, reissued or issued based on any such documentation received by the Employer from the Grievor per paragraph (a) after he/she has received pre‑notice.
c) should any surplus notice be issued it will be issued based upon the Grievors C.S.D. as of the pre‑notice date. The C.S.D. will remain frozen as long as the Grievor is under notice of layoff or laid off: The Employer will not accept documentation, as above, from Grievor's who leave the employment of the Ministry.
Dated this 5th day of January 2001
2Having regard to the parties’ submissions, the Board notes the union’s withdrawal of the grievances of grievors Bongard, Laforest, Penniten and Sarides, and hereby dismisses the grievances of grievors Bradbury, Farris, Fish, and McGuigan.
Dated at Toronto, this 8th day of January, 2001.
Schedule “A”
Grievor
OPSEU File
GSB File
Bongard , Charlotte
96H018
1705/96
Bradbury , Roger
97C115
2717/96
Faris, William
96H254
2214/96
Fish , Ross
00A492
1055/00
LaForest , Lise
00A496
1116/00
McGuigan , Linda
97H008
1452/97
Penniten , Kaisa
00A497
1114/00
Sarides , Phillip
97C366
488/97