GSB# 2002-0399, 2002-0723, 2002-0724, 2002-1039, 2002-1239, 2002-1252, 2002-1253, 2002-1254, 2002-1255, 2002-1256, 2002-1257, 2002-1258, 2002-1259, 2002-1260, 2002-1261, 2002-1262, 2002-1263, 2002-1264, 2002-1265, 2002-1266, 2002-1267, 2002-1682
UNION# 02B373, 02B505, 02B506, 02B655, 02D198, 02D182, 02D183, 02D184, 02D185, 02D186, 02D187, 02D188, 02D189, 02D190, 02D191, 02D192, 02D193, 02D194, 02D195, 02D196, 02D197, 2002-0605-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Chimilewski et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Natural Resources)
Employer
BEFORE
Richard Brown
Vice-Chair
FOR THE UNION
Mark Barclay Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Lori Aselstine Staff Relations Officer Ministry of Natural Resources
HEARING
February 5, 2004.
Decision
The grievors were Group 3 seasonal employees in the Ministry’s fire program. But for the 2002 OPSEU strike, they would have been recalled to work on various staggered dates in April of 2002.
At the conclusion of the strike, the Ministry and the grievors executed individual employment contracts with a start date of May 6, 2002, the first working day following the end of the strike. At some point, ministry officials unilaterally amended some of those contracts to reflect the actual date of recall which preceded May 6.
The parties agree that the Ministry should not have unilaterally changed the contract start date after the contracts had been signed. As there is no evidence that any of the grievors suffered any economic loss flowing from the changed date, they are not entitled to damages or any form of relief.
The parties also agree this decision applies to the Rickard et al. grievance dated June 17, 2002 which has not yet been referred to this Board.
Dated at Toronto this 6th day of February 2004.