Howes and Ontario Public Service Employees Union v. Ontario, (1984) 1 O.A.C. 147 (DC)

• Judge: Osler, Potts and Sirois, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: December 08, 1983
• Jurisdiction: Ontario
• Citations: (1984), 1 O.A.C. 147 (DC)

Howes v. Ont. (1984), 1 O.A.C. 147 (DC)

MLB headnote and full text

Howes and Ontario Public Service Employees Union v. Ontario, Province of

(212/83)

Indexed As: Howes and Ontario Public Service Employees Union v. Ontario

Ontario Divisional Court

Osler, Potts and Sirois, JJ.

January 9, 1984.

Summary:

The provincial government designated an employee's home as his headquarters, because he had no regular place of employment, then changed the location of the headquarters twice. The employee could not collect a mileage allowance for travel between his home and either headquarters. The employee grieved that the government's actions were contrary to the collective agreement. The Grievance Settlement Board allowed the grievance. The government applied for judicial review of the Board's decision.

The Ontario Divisional Court dismissed the application and agreed with the Board's interpretation of the collective agreement.

Labour Law - Topic 9631

Public service labour relations - Collective agreement - Management rights - Designation of headquarters - A government employee had no regular place of employment - The government designated his home as his headquarters, then changed the location twice - The employee grieved because he could not collect a travel allowance between his home and headquarters - The Grievance Settlement Board held that the employer could designate a headquarters for such an employee, but any re-designation must be equitable to both parties - The Ontario Divisional Court agreed with the Board's interpretation of the collective agreement with reference to the government's management manual, because it was not patently unreasonable - See paragraphs 11 to 16.

Cases Noticed:

Re Metropolitan Toronto Board of Commissioners of Police and Metropolitan Police Association et al. (1981), 33 O.R.(2d) 476, not folld. [para. 17].

Statutes Noticed:

Crown Employees Collective Bargaining Act, R.S.O. 1980, c. 108, sect. 7 [para. 3]; sect. 18(1) [para. 4].

Counsel:

L.M. McIntosh, for the applicant;

Paul J.J. Cavalluzzo, for the respondents.

This application was heard before Osler, Potts and Sirois, JJ., of the Ontario Divisional Court, on December 8, 1983. The decision of the court was delivered by Osler, J., and released on January 9, 1984.