GSB#0260/00
OPSEU#00B170
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tilden)
Grievor
- and -
The Crown in Right of Ontario
(Ontario Realty Corporation)
Employer
BEFORE Janice D. Johnston Vice Chair
FOR THE Don Martin
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Robert Gordica
EMPLOYER Labour Relations Consultant
Human Resources Services Branch
Management Board Secretariat
HEARING March 29, 2001.
DECISION
The grievance at issue in this case has four aspects to it. The employer has asked that the first three grounds raised in the grievance be dismissed as untimely. The union has no dispute with the fact that those three aspects of the grievance were out of time. With regard to the fourth issue, the employer takes the position raised in the grievance that I am without jurisdiction to deal with it pursuant to section 6 of the Public Sector Salary Disclosure Act, 1996, S.O. 1996 c. 1 Sch. A ( the “PSSDA). The union does not dispute that this section applies and that based on the facts before me I am prohibited from finding that the PSSDA has been contravened.
According to Section 7(3) of the Crown Employees Collective Bargaining Act R.S.O. 1993, c. 38, there must be a difference between the parties for this Board to have jurisdiction.
For all of the reasons expressed in Re The Crown in Right of Ontario (Ministry of Government Services) and Ontario Public Services Employees Union (Stewart), June 22, 1995) unreported (Briggs); and Re The Crown in Right of Ontario (Toronto Area Transit Operating Authority) and Amalgamated Transit Union (Blake) (May 3, 1988) unreported (Shime), I have concluded that I do not have jurisdiction to hear and determine these grievances.
Accordingly, this grievance is dismissed.
Dated in Toronto, this 3rd day of April, 2001