HomeMy WebLinkAbout2004-2714.Valladeres.06-07-25 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2004-2714
UNION# 2004-0517-0096
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Valladares)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE Vice-Chair
Barry Stephens
FOR THE UNION Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
June 20, 2006.
2
Decision
The parties have agreed to an Expedited Mediati on-Arbitration Protocol. It is not necessary to
reproduce the entire Protocol he re. Suffice it to say that the pa rties have agreed to a ?True
Mediation-Arbitration? process, wherein each provides the vice-chair with submissions, which
include the facts and authoritie s each relies upon. The process adopted by the parties provides
for a canvassing of the facts during the medi ation phase, although the vice-chair has the
discretion to request further information or doc umentation. Arbitration decisions are issued in
accordance with Article 22.16 of the collective ag reement, without reas ons, and are without
prejudice or precedent.
The grievance in this case relates to a claim by the grievor that he was not advised of a job
posting for an OAG 8 position, and that the po sition was improperly awarded to a student
employee. The employer stated that the po sition was posted in accordance with normal
procedure, and that there were several applicants from within the bargaining unit, including other
employees who work in the same area as the grievor.
After reviewing the submissions of the parties a nd the collective agreement, it is my conclusion
that the grievance should be dismissed.
th
Dated at Toronto, this 25 day of July, 2006.
Barry Stephens, Vice-Chair