GSB# 2005-2393, 2005-2394, 2005-2395, 2005-2396, 2005-2397
UNION# 2005-0636-0040, 2005-0636-0043, 2005-0636-0044, 2005-0636-0045, 2005-0636-0046
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Colbert et al.)
Union
- and -
The Crown in Right of Ontario (Ministry of Health and Long-Term Care)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Janet Myers Employee Relations Consultant Ministry of Health and Long-Term Care
HEARING
November 16, 2005.
Decision
This matter was heard under the Mediation/Arbitration procedure set out in Art. 22.16 of the collective agreement.
The grievors are all unclassified employees with less than 5 years of service who allege that they have been denied severance pay. Both the employer and the union agree that the severance provisions in the collective agreement are found in Articles 53 and 78, neither of which are included in the list of articles applicable to unclassified employees, as stipulated in Art. 31A. Given that the grievors were all unclassified employees when the grievances were filed, Articles 53 and 78 do not apply to them.
After reviewing the submissions of the parties and the collective agreement, it is my view that there is no evidence to support the conclusion that the employer has violated the collective agreement in the application of the severance pay provisions to these grievors. As a result the grievance is dismissed.
Dated at Toronto, this 4th day of January, 2006.