HomeMy WebLinkAbout2003-1651.Snow.06-07-17 Decisio
Crown Employees Commission de t~1
Grievance Settlement reglement des griefs
Board des employes de la _iP_
Couronne
'lIIIIl.."
SUite 600 Bureau 600 Ontario
180 Dundas St West 180, rue Dundas Ouest
Toronto,Ontano M5G 1Z8 Toronto (Ontano) M5G 1Z8
Tel (416) 326-1388 Tel (416) 326-1388
Fax (416) 326-1396 Telec (416) 326-1396
GSB# 2003-1651
UNION# 2003-0119-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEV ANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Snow) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE M. Brian Keller Vice-Chair
FOR THE UNION Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING July 12, 2006.
2
Decision
The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of
the Collective Agreement. The grievance was filed in 2003 and involves ajob competition for a
Temporary Acting Operations Management position, and the subsequent cancellation of the
assignment. The Grievor is seeking re-appointment to the position.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this
matter, and requested that I issue a decision, without reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I find as
follows:
At the time of the grievance the grievor was in a management position. A management position
is outside the bargaining unit. The jurisdiction of the Board does not extend to employees in
management positions. Consequently, the Board does not have the requisite jurisdiction to deal
with this grievance which is accordingly dismissed.
Dated at Toronto, Ontario, this 17th day of July 2006.
M. Brian Keller, Vice-Chair