HomeMy WebLinkAbout2015-0607.Heath.16-06-29 DecisionCrown 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#2015-0607
UNION#2015-0219-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Heath) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Randi H. Abramsky Vice-Chair
FOR THE UNION Indika Chandrasekara
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING June 20, 2016
- 2 -
Decision
[1] This matter arises under Article 22.16 of the parties’ collective agreement. The
Employer has raised a preliminary objection to the Board’s jurisdiction to hear and
determine this grievance, which contests the Employer’s decision not to “screen in” the
Grievor with respect to a job competition in an AMAPCEO bargaining unit.
The following facts are undisputed:
1. The Grievor is a Probation Officer and has worked in that capacity since August
2004. In all she has 33 years of service with the Ontario Public Service, as of the
date of the hearing.
2. She applied for posting #72012, a Policy/Program Analyst. This was a temporary,
12-month position in the AMAPCEO bargaining unit.
3. The Grievor was not “screened in” to the job for an interview. Four others were
screened in and interviewed.
4. No one who applied actually got the job as it was filled by the Employer through a
compassionate transfer.
[2] Based on these undisputed facts, I conclude that the Employer’s objection to my
jurisdiction must succeed. The Board has no jurisdiction to make a determination under
the AMAPCEO collective agreement unless the grievance is brought by AMAPCEO. An
OPSEU bargaining unit member has no right to grieve a competition conducted under
another collective agreement, even though it is with the same employer. It does not
constitute “a difference between the parties ‘arising from the interpretation, application,
administration or alleged contravention of this [OPSEU] Agreement.’” In this regard, the
Grievor has no ability to complain about a breach of the AMAPCEO collective
agreement. She has the same status as an external candidate.
[3] I also find that the issue is now moot, as no one actually got the job through the
posting. The posting was essentially pulled, and the job was awarded on a
compassionate basis.
[4] Consequently, despite the Grievor’s disappointment and frustration, the Board does
not have jurisdiction to address this matter.
[5] Accordingly, the grievance must be dismissed.
Dated at Toronto, Ontario this 29th day of June 2016
Randi H. Abramsky, Vice Chair