GSB #2446/96
OPSEU#97B088
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hartley et al.)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFORE Barry Fisher Vice Chair
FOR THE Robin Gordon
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Fateh Salim, Counsel
EMPLOYER Legal Services Branch
Management Board Secretariat
HEARING January 22, 2001
AWARD
The grievors were all employees who were surplused in 1996. They were given the choice of either working out the 6 months’ notice period (in which case they would have been covered by benefits) or accepting pay in lieu of notice (and thus not being covered by benefits).
They all chose to accept pay in lieu of notice, and thus were not covered by benefits.
They subsequently filed grievances saying that they should have been covered for benefits, presumably for the maximum 8 week period under the Employment Standards Act.
Having thoroughly investigated the legal aspects of this matter, the Union is of the opinion that there exists no dispute between the parties to the Collective Agreement, that is between the Union and the Employer.
As there exists no dispute between the parties, I have no jurisdiction over this matter.
The grievance is therefore dismissed.
Dated at Toronto, this 24th day of January, 2001.