HomeMy WebLinkAbout2013-4381.Ramsey et al.14-09-26 Decision
Crown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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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
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IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ramsey et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Reva Devins Vice-Chair
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Cassidy Davies
Treasury Board Secretariat
Employee Relations Advisor
HEARING September 25, 2014
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Decision
[1] The parties agreed that these matters should be consolidated and proceed as a
mediation/arbitration under Article 22.16 of the Collective Agreement without precedential
value.
Facts
[2] The Grievors are Court Reporters with the Ministry of the Attorney General. When they are
assigned to work in Small Claims Court, they work alone; there is no Court Registrar to
work along with them. On these occasions the duties of the Court Reporter include
recording the proceeding, receiving and marking exhibits, managing the docket, dealing
with the public and securing the court room during recesses
Submissions
[3] The Union asserts that the Grievors perform the functions of a Registrar, a higher rated
classification, when they are assigned to work in Small Claims Court. Therefore, they
should be remunerated as a Registrar. Specifically, the Union submits that there has been a
violation of Appendix 32 and Article 6 and that the Grievors should be paid at the rate of a
Court Administrator, OAG 8, when they are assigned to Small Claims Court, retroactive to
January 1, 2013.
[4] The Employer maintained that this was a classification grievance and that the Board had no
jurisdiction to determine these matters.
Decision
[5] Having reviewed the evidence and the submission of the parties, I am of the view that the
Grievors are essentially challenging the appropriate classification of their current duties.
- 3 -
The Board has consistently found that it has no jurisdiction to determine classification
grievances: see OPSEU (Union) v. Min. of Training, Colleges and Universities (2013),
GSB. No. 2012-0651 (Carrier).
[6] I would therefore dismiss the grievances.
Dated at Toronto this 26th day of September 2014.
Reva Devins, Vice-Chair