HomeMy WebLinkAbout2015-2003.Pechinger.16-06-22 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#2015-2003
UNION#2015-0103-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pechinger) Union
- and -
The Crown in Right of Ontario
(Ministry of Environment and Climate Change) Employer
BEFORE Gordon F. Luborsky Vice-Chair
FOR THE UNION Jesse Gutman
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Henry Huang
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 20, 2016
- 2 -
Decision
[1] The parties agree the Board has jurisdiction to deal with a grievance dated May
25, 2015 on behalf of the Grievor, Ms. Janis Pechinger, related to the Grievor’s
unsuccessful application for the position of “Investigations Officer”, and to apply the
procedures under article 22.16 of the collective agreement that permits the Board to
decide the grievance in a summary fashion.
[2] The grievance states: “The Employer has violated Article 6.3, but not exclusively,
of the collective agreement by not awarding [the Grievor] the position of Investigations
Officer.” The recourse sought is: “To be awarded the position of Investigations Officer
[and] to be made whole”. The Employer denies any violation of the collective
agreement in the manner that it conducted the challenged job competition or in its
outcome.
[4] Having reviewed the circumstances of this dispute in an expedited manner
contemplated by article 22.16, and with the consent of the parties, the Board hereby
orders as follows:
(a) For a period of one (1) year from today’s date, the Employer will
screen the Grievor’s application in and grant the Grievor an interview
for one (1) Investigations Officer (EO5) competition for which the
Grievor is eligible and applies, as may be run for the Investigations and
Enforcement Branch, Southwest Regional Office that is within 125
kilometers of London, Ontario.
(b) In order to implement the foregoing procedure, the Grievor is required
to apply for the position in accordance with the application instructions
as set out in the job posting and to notify the Regional Supervisor,
Investigations and Enforcement Branch, Ministry of Environment and
Climate Change of the terms of this order (including a copy of this
order).
(c) The fact that the Grievor has been granted an interview is no
guarantee that she will be the successful candidate for the competition,
which will be determined in accordance with the provisions of the
collective agreement.
[5] These proceedings are therefore terminated in accordance with the terms set out
above.
[6] The Board shall remain seized to resolve any dispute between the parties
respecting the interpretation, administration and/or implementation of this order.
Dated at Toronto, Ontario this 22nd day of June 2016.
Gordon F. Luborsky, Vice Chair