GSB#1388/00
Union#01B008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Walker)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFORE Richard Brown Vice-Chairperson
FOR THE GRIEVOR Irit Kelman, Counsel
Ryder Wright Blair & Doyle
Barristers & Solicitors
FOR THE EMPLOYER Meredith Brown, Counsel
Legal Services Branch
Management Board Secretariat
HEARING June 7, 2001.
Decision
Mr. Walker’s grievance, dated November 27, 2000 is comprised of two parts:
The employer has failed to recognize my full wage in respect of enhanced severance thereby under paying me.
They have further violated my rights by having me perform the duties of a youth worker / court liaison while paying me as a driver.
As recorded in a letter, dated December 18, 2000, from Dale Elliot to the grievor, the first part of the grievance was settled at stage two of the grievance process by the employer agreeing that “the Custodial Allowance will be included in the calculation of your termination pay.” I remain seized of the implementation of this settlement.
As to the second part of the grievance, the employer contends it is inarbitrable because it deals with a matter of classification. The union does not contest the position taken by management on this point. In the absence of any dispute between the union and employer parties to the collective agreement, I am without jurisdiction to hear the second part of the grievance. See E. Blake and Amalgamated Transit Union, GSB File No. 1275/87, dated May 3, 1988.
Dated at Toronto, this 13th day of June, 2001.