GSB# 0147/95, 0148/95, 0812/99
UNION# 95C468, 95C469, 99C822
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Wilson/Anastasakos et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Transportation)
Employer
BEFORE
Richard Brown
Vice-Chair
FOR THE UNION
Robin Gordon Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Kelly Burke Senior Counsel Management Board Secretariat
HEARING
February 25, 2003.
DECISION
Grievances by Alex Wilson and Tom Anastasakos (GSB File 0812/99) Kevin Kelly (GSB File 0147/95) and Doug Levere (GSB File 0148/95) were consolidated for hearing. In a decision dated March 28, 2001, Vice-Chair Dissanayake dismissed one claim made by the union on the ground it amounted to an attempt to reclassify the position held by the grievors.
The earlier decision did not dispose of a second claim advanced by the union on behalf of the four grievors. Mr. Dissanayake described this component of their grievances as follows:
When the increases were awarded in 1994, some employees received a “step to step” increase. For example, if they were at step 5 of the old wage grid, they were placed at step 5 of the new grid. However, the grievors were treated differently. They were merely accorded a 3 per cent promotional increase, as a result of which, they moved from step 5 of the old grid to step 3 of the new grid. (page 8)
The union now concedes there is not sufficient evidence to support its earlier allegation of unfair treatment. As there is no longer any dispute between the parties to the collective agreement in this regard, I dismiss the second component of the grievances.
The earlier decision also left outstanding a third claim advanced by the union on behalf of Mr. Levere. This component of his grievance also was described by Mr. Dissanayake:
When Mr. Levere participated in the job competition for the Utility Co-ordinator position, for him that represented a promotion with a higher pay rate. However, after he assumed his new position, following grievances filed by certain other employees, his former position was found by the GSB to have been improperly classified. Further to a Board order his former position was reclassified. The result was that his former position became higher paying than his new position. In other words, what he believed was a promotion turned out to be a demotion. (pages 25 and 26)
A hearing on this component of the Levere grievance is scheduled for March 4, 2003.
Dated at Toronto the 26th day of February 2003.