P/921/83
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
F. L. Davies
Grievor
- and -
The Crown in Right of Ontario (Ministry of Correctional Services)
Employer
BEFORE
Mr. E.A. Black
Chairman Member Member
FOR THE GRIEVOR
Mr. F. L. Davies
FOR THE EMPLOYER
Mr. R. Itenson Counsel Civil Service Commission
HEARING
November 23, 1983
Mr. Davies is the Manager of the Planning Mill at the Guelph Correctional Centre. The position is classified in the Management Compensation Plan at the OM-15 level. Mr. Davies has been with the Ministry of Correctional Services for over 26 years and is taking early retirement at the end of this year.
In his opening remarks to the Board at the November 23rd hearing, Mr. Davies said he was grieving the salary for his position as it related to that of the Industrial Officer 3. He explained that he supervised an Industrial Officer 3 and that this position, in the bargaining unit, was one lower than his OM- 15 management position.
Mr. Davies told the Board that he obtained his position through a competition in 1978. At that time, and up until 1981, his position was paid over $1,000 a year more than that of the Industrial Officer 3. But changes in the salaries in 1982 and 1983 had wiped out this differential and his position was now earning approximately $100 a year less than the Industrial Officer 3 position. These facts essentially summarized Mr. Davies' case. Mr. Davies said he was bringing his grievance to the Board so that this inequity could be
corrected.
Mr. Itenson, Counsel for the Ministry, did not question the figures used by Mr. Davies. He explained that this situation resulted from the various wage restraints under which the Ministry had had to operate in the last two years.
It was Mr. Itenson’s opinion, however, that the Board had no authority to alter the salaries that had been set. There was, therefore, no point in the Board proceeding to hear any further details of Mr. Davies’ case.
After a brief adjournment the Board decided that no useful purpose would be served by hearing more of Mr. Davies’ grievance.
It was explained to the Grievor that the Civil Service Commission, under Section 30(1) of the Public Service Act, established the salaries to be paid for the various levels within the Management Compensation Plan. On the other hand, the wages to be paid for the different categories in the bargaining unit were negotiated and incorporated in the Collective Agreement between the Management Board of Cabinet and the Ontario Public Service Employees Union. The Public Service Grievance Board had no authority to increase or decrease the wages thus established for a particular group in either the Management Compensation Plan or the bargaining unit. The Board, consequently, was powerless to provide a remedy for Mr. Davies’ grievance.
The Board therefore concluded that it lacked the authority to arbitrate Mr. Davies’ grievance.
Dated at Toronto this 21st day of December, 1983.