HomeMy WebLinkAbout2003-2259.Granholm.05-09-14 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2003-2259
UNION# 2003-0701-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Granholm) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Tounsm) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Jim GIlbert
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Sean Kearney
Counsel
Management Board Secretanat
WRITTEN September 9 2005
SUBMISSIONS
COMPLETED
2
DeCISIon
By way ofwntten submIssIOns, the partIes addressed the Issue of whether Mr J HickIn IS
entItled to thIrd party notIce of a heanng scheduled to contInue on September 19 2005 In
Thunder Bay I have revIewed and consIdered the wntten submIssIOns and the authontIes filed
by the representatIves of the partIes GIven that I receIved the last of the wntten submIssIOns on
September 9 2005 and that the contInUatIOn of the heanng IS next week, I wIll only provIde
what IS essentIally a "bottom lIne" decIsIOn at thIS tIme
Mr HickIn was the successful applIcant In a competItIOn for a MaIntenance Mechamc
posItIOn. Mr K. Granholm, the gnevor applIed for thIS posItIOn, but was screened out before the
IntervIew stage In a gnevance dated Apnl 17 2003 Mr Granholm claims that the Employer
contravened an earlIer settlement between the partIes In whIch the Employer agreed as part of the
settlement to IntervIew hIm for the MaIntenance Mechamc posItIOn. As an ImtIal remedy the
Umon IS seekIng an order requmng the Employer to IntervIew Mr Granholm. In my VIew there
IS lIttle doubt that the Umon seeks a process whIch IS ultImately desIgned to secure the
MaIntenance Mechamc posItIOn for Mr Granholm, thereby affectIng the nghts ofMr HickIn
under the CollectIve Agreement.
3
It IS my conclusIOn that Mr HickIn IS entItled to thIrd party notIce In the CIrcumstances I
assume that the Employer wIll gIve Mr HickIn notIce of the heanng In the usual form
Dated at Toronto thIS 14th day of September 2005
. ;=.(.
en Petryshen - Vice-