Ontario Public Service Employees Union et al. v. Ontario (Minister of Natural Resources) et al., (1990) 40 O.A.C. 389 (DC)

• Judge: Campbell, McKeown and Coo, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 14, 1990
• Jurisdiction: Ontario
• Citations: (1990), 40 O.A.C. 389 (DC)

OPSEU v. Ont. (1990), 40 O.A.C. 389 (DC)

MLB headnote and full text

Ontario Public Service Employees' Union and David Anderson et al. (applicants) v. The Crown In Right Of Ontario as represented by the Ministry of Natural Resources and the Crown Employees Grievance Settlement Board (respondents)

(No. 1187/89)

Indexed As: Ontario Public Service Employees Union et al. v. Ontario (Minister of Natural Resources) et al.

Ontario Court of Justice

General Division

Divisional Court

Campbell, McKeown and Coo, JJ.

September 21, 1990.

Summary:

In 1985 200 conservation officers filed classification grievances against the Minister of Natural Resources. The Crown Employees Grievance Settlement Board allowed the grievances and held that the grievors were improperly classified. The Board remitted the matter to the Minister for purposes of establishing a proper classification for the grievors. As a result, the Minister reclassified the grievors, but, because the reclassification involved a change in title only, the grievors asked the Board to reconvene on the ground that the Minister had not properly implemented the Board's award. At a second hearing, the Board held that it had jurisdiction to consider whether the Minister had properly implemented its first award. Following a third hearing the Board held that the Minister failed to satisfy the requirements of its first award and remitted the matter to the parties for establishing on an urgent basis a proper classification for the grievors. The Minister as a result created a new class standard which created a higher classification for the grievors. The union was dissatisfied and the case came on again before the Board for a fourth hearing. This time the Board held that it lacked jurisdiction to decide whether the content of the class standard was improperly drafted in form or in substance. The union applied for judicial review.

The Ontario Court of Justice, General Division (Divisional Court), allowed the application, quashed the Board's fourth decision and remitted the matter to the Board for rehearing.

Labour Law - Topic 9060

Public service labour relations - The board - Jurisdiction - Classification grievances - In a classification grievance, once the Crown Employees Grievance Settlement Board decided that a classification was wrong, the Board had an unrestricted remedial jurisdiction to effect a proper classification - The Ontario Divisional Court held that where the Board directed the province to create a proper classification, the Board had the power to review the contents of that classification for sufficiency and to instruct management to alter or amend the class standard to reflect properly the duties, responsibilities etc. of the grievors - The court held that the Board's jurisdiction was not restricted or limited by s. 18(1) of the Crown Employees Collective Bargaining Act (right of management to classify positions) - See paragraphs 36 to 61.

Labour Law - Topic 9060

Public service labour relations - The board - Jurisdiction - Classification grievances - The Ontario Divisional Court stated that the right of an employee to grieve classification should not be restricted unless the legislature clearly intended the restriction - See paragraph 37.

Labour Law - Topic 9128

Public service labour relations - Adjudication of grievances by adjudicators or boards - Jurisdiction - [See first Labour Law - Topic 9060 ].

Labour Law - Topic 9625

Public service labour relations - Collective agreement - Management rights - Work assignments and job classifications - [See first Labour Law - Topic 9060 ].

Labour Law - Topic 9804

Public service labour relations - Job classification - Power to reclassify - [See first Labour Law - Topic 9060 ].

Labour Law - Topic 9805

Public service labour relations - Job classification - Appeals or grievances - [See second Labour Law - Topic 9060 ].

Cases Noticed:

Ontario Public Service Employees' Union and Berry v. Ontario (Minister of Community and Social Services) (1985), 15 O.A.C. 15, consd. [para. 1].

Ontario Public Service Employees' Union v. Ontario and Grievance Settlement Board (Ont.) (1985), 11 O.A.C. 53; 51 O.R.(2d) 474, refd to. [para. 28].

Ontario Public Service Employees' Union v. Forer and Ontario Public Service Labour Relations Tribunal (1985), 12 O.A.C. 1; 52 O.R.(2d) 705, refd to. [para. 29].

Ontario Public Service Employees' Union v. Seneca College et al.(1989), 33 O.A.C. 349; 68 O.R.(2d) 593, refd to. [para. 30].

Dayco (Canada) Ltd. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) (1990), 40 O.A.C. 219 (C.A.), refd to. [para 30].

Syndicat national des employés de la commission scolaire régionale de l'Outaouais (CSN) v. Union des employés de service, local 298 (FTQ), [1988] 2 S.C.R. 1048; 95 N.R. 161; 35 Admin. L.R. 153, refd to. [para. 30].

Ontario Public Service Employees' Union v. The Queen (1982), 40 O.R.(2d) 142, refd to. [para. 37].

Statutes Noticed:

Crown Employees Collective Bargaining Act, R.S.O. 1980, c. 108, sect. 7 [paras. 20, 35]; sect. 18(1) [paras. 20, 22, 24, 35]; sect. 18(1)(a) [paras. 50, 54]; sect. 18(2) [para. 20]; sect. 18(2)(a) [para. 53]; sect. 19 [para. 35]; sect. 19(1) [para. 20].

Counsel:

Raj Anand, for the applicant;

Dennis Brown, Q.C., for the respondent, Ministry;

Donald J.M. Brown, Q.C., for the respondent, Board.

This application was heard before Campbell, McKeown and Coo, JJ., of the Ontario Court of Justice, General Division (Divisional Court), on September 14, 1990. The decision of the Divisional Court was delivered by Campbell, J., and released on September 21, 1990.