Ontario Public Service Employees Union v. Ontario (Minister of Natural Resources) et al., (1991) 56 O.A.C. 313 (DC)

• Judge: Callaghan, C.J.O.C., O'Brien and Rosenberg, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 22, 1991
• Jurisdiction: Ontario
• Citations: (1991), 56 O.A.C. 313 (DC)

OPSEU v. Ont. (1991), 56 O.A.C. 313 (DC)

MLB headnote and full text

An Application Under section 2 of the Judicial Review Procedure Act, R.S.O. 1980, c. 224, in respect of the grievances of Terry P. Greer, Kendal Dewey, James Moore, Alexander Korchuk and William Kemp

Ontario Public Service Employees Union (applicant) v. Her Majesty The Queen in Right of Ontario as represented by the Ministry of Natural Resources and the Ontario Crown Employees Grievance Settlement Board (respondents)

(File No. 222/91)

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

Ontario Court of Justice

General Division

Divisional Court

Callaghan, C.J.O.C., O'Brien and Rosenberg, JJ.

December 5, 1991.

Summary:

Greer and four others were employed as park wardens on a seasonal basis by the Province of Ontario. They were classified as "resource technicians". Greer and the others filed grievances on the ground that their positions were improperly classified. The Ontario Crown Employees Grievance Settle­ment Board (the Board) held that Greer and the others were improperly classified under any of the levels of the "resource technician" class and ordered that they be properly classified. At that time, there were no equiv­alent civil service classi­fications in which Greer and the others would fit. The Crown submitted that because the employees were seasonal workers, it could comply with the Board's order by setting the wage rate at the current level and leaving the rate to be negotiated during the next round of salary negotiations. Greer and the others claimed that because wage rates for seasonal workers were set on the basis of equivalent civil service classifi­cation, the Board's order required the Crown to create a new equival­ent classification for them. However, the Board ruled that Greer and the others, as "unclassified employees", did not have the right, under either the Crown Employees Collective Bargaining Act or the collective agreement, to file classifi­cation grievances. Furthermore, the Board ruled that it lacked jurisdiction to order the Crown to create an equivalent classification for unclassified employees. Greer and the others applied for judicial review to have the Board's decision quashed and to have the matter remitted to the Board for completion.

The Ontario Divisional Court dismissed the application.

Labour Law - Topic 9060

Public service labour relations - The board - Jurisdiction - Classification grievances - The Ontario Crown Employees Grievance Settlement Board (the Board) ruled that five seasonally employed park wardens were improperly classified - The Board ordered them to be properly classified - However, there was no existing equivalent civil service classification - The union applied to the Board for an order that the Crown create an equivalent civil service classification so as to permit the wardens to be properly classified - The Board dismissed the application - The Board ruled that "unclassified workers" were not entitled to file classification grievances - Also, the Board lacked jurisdiction to order the Crown to create equivalent classifica­tions - The Ontario Divisional Court declined to quash the Board's decision.

Labour Law - Topic 9804

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

Labour Law - Topic 9805

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

Statutes Noticed:

Crown Employees Collective Bargaining Act, R.S.O. 1980, c. 108, sect. 18(2)(a) [para. 10].

Public Service Act, R.S.O. 1980, c. 418, sect. 1(a) [para. 13]; sect. 1(b) [para. 14]; sect. 1(i) [para. 15]; sect. 4(a) [para. 18]

Public Service Act Regulations (Ont.), R.R.O. 1980, Reg. 881, sect. 6(1) [para. 18].

Counsel:

C. Paliare and C. Dassios, for the appli­cant;

L. McIntosh, for the Minister of Natural Resources;

S. Block, for the Grievance Settlement Board.

This appeal was heard on October 22, 1991, by Callaghan, C.J.O.C., O'Brien and Rosen­berg, JJ., of the Ontario Divisional Court. The court's decision was delivered by Ro­senberg, J., and released on December 5, 1991.