HomeMy WebLinkAbout2011-3721.Union.12-11-30 Decision2012 - OPSEU (Union) and Ministry of Government Services, GSB#2011-3721, (Chauvin)
Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés
de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2011-3721 UNION#2012-0230-0001 IN THE MATTER OF AN ARBITRATION
Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Union) Union -and -The Crown in Right of Ontario
(Ministry of Government Services) Employer BEFORE Peter Chauvin Vice-Chair FOR THE UNION Stephen Giles Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Susan
Munn Ministry of Government Services Labour Practice Group Counsel HEARING November 28, 2012.
-2 -Decision [1] This decision repeals and replaces the decision in this matter dated November 28, 2012. [2] The parties have agreed to a “True Mediation-Arbitration” process, wherein
each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with Article 22.16 of the collective agreement,
and is without prejudice or precedent. [3] In March 2011 the Employer filled, as a result of a competition, a temporary vacancy. Three bargaining unit members applied for the vacancy.
One applicant withdrew from the competition. The vacancy was granted to the second applicant. The third applicant was not granted the vacancy. [4] In May 2011 another temporary vacancy
in the same position arose. In accordance with Article 6.1.2 of the Collective Agreement the Employer placed the third applicant in that vacancy, but did not notify the Local Union President
where the vacancy existed ten working days prior to filling the vacancy. In failing to give such notice, I declare that the Employer violated that notice requirement in Article 6.1.2
in these circumstances. [5] This decision fully and finally resolves OPSEU Grievance No. 2012-0230-0001, which cannot be re-filed. Dated at Toronto this 30th day of November, 2012. Peter
Chauvin, Vice-Chair
- 2 -
Decision
[1] This decision repeals and replaces the decision in this matter dated November 28, 2012.
[2] The parties have agreed to a “True Mediation-Arbitration” process, wherein each provides
the Vice-Chair with submissions, which include the facts and authorities each relies upon. This
decision is issued in accordance with Article 22.16 of the collective agreement, and is without
prejudice or precedent.
[3] In March 2011 the Employer filled, as a result of a competition, a temporary vacancy.
Three bargaining unit members applied for the vacancy. One applicant withdrew from the
competition. The vacancy was granted to the second applicant. The third applicant was not
granted the vacancy.
[4] In May 2011 another temporary vacancy in the same position arose. In accordance with
Article 6.1.2 of the Collective Agreement the Employer placed the third applicant in that
vacancy, but did not notify the Local Union President where the vacancy existed ten working
days prior to filling the vacancy. In failing to give such notice, I declare that the Employer
violated that notice requirement in Article 6.1.2 in these circumstances.
[5] This decision fully and finally resolves OPSEU Grievance No. 2012-0230-0001, which
cannot be re-filed.
Dated at Toronto this 30th day of November, 2012.
Peter Chauvin, Vice-Chair