HomeMy WebLinkAbout1994-0479.MIMMS___COUTTS99_0
OfffARJO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'OfffARJO
1111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONEfTELEPHONE (416) 326-1388
100, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACS/MILEfTELECOPIE (416) 326-1396
GSB # 0479/94,0486/94
OPSEU # 94B821 94B823
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
,
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Robert MImms & Gregory Coutts)
Grievors
- and -
The Crown m Right of OntarIO
(MInIstry of TransportatIOn)
Employer
BEFORE RandI Hammer Abramsky V Ice-ChaIr
FOR THE KrIstIn A. ElIot
GRIEVORS Counsel, ElIot, SmIth
Barnsters & SolICItors
FOR THE Hiroko Sawal
EMPLOYER Counsel, Legal ServIces Branch
Management Board SecretarIat
HEARING May 3,1999
DECISION
Two bargaming unit employees, Robert Mimms and Gregory Coutts, filed the grievances in this
matter The grievors claun that they were improperly evaluated without an mterview in a job competition for
the position of Project Supervisor a management position. At the start of the heanng, the Employer raised a
prelimmary objection that the grievances were not arbitrable on the baSIS that the vacancies filled were
management positions outside the scope of the collective agreement.
Based on my review of the facts and the cases cited by the Employer, Cunningham and Ministry of
Consumer & Commercial Relations, GSB No 279/79 (Jolliffe, 1980) and OPSEU (Shelton/Haynes/Villella)
and Ministry of Transportation, GSB Nos. 520/90 et al. (Dissanayake, 1990). the latter of which involved the
Identical position, Project Supervisor m the Ministry of Transportation, I conclude that the grievances must
be dismissed. The Cited case law is dispositive of the grievors' claims.
It may be, as counsel for the Union asserts, that the GSB has some limited Jurisdiction when there is
an allegatIOn of discrimination or bad faith, but smce there is no such allegation here, I need not resolve that
Issue.
Accordmgly, based on the Cited case law which thiS Board IS bound to follow, the gnevances are
dismissed.
Issued thiS 5th day of May, 1999, m Toronto
all"