HomeMy WebLinkAbout2005-2147.Hayward.07-01-31 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2005-2147
UNION# 2005-0368-0087
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
DEADLINE FOR
WRITTEN
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Hayward)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Karen Martin
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 14, 2006.
January 17,2007.
Union
Employer
Vice-Chair
2
Decision
INTRODUCTION
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have
agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with
submissions, which include the facts and authorities each relies upon. The process adopted by
the parties provides for a canvassing of the facts during the mediation phase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or precedent. The parties were unable to resolve this
matter in mediation.
Accordingly, the matter has been referred to me as a True
Mediation/Arbitration decision under the Protocol.
FACTS
This grievance relates to a Maintenance Mechanic 3 job posting, which closed in December
2004. The grievor was a stationary engineer at Millbrook. When Millbrook closed, he was
transferred to CECC, and was placed in the position of Stores Clerk. However, the employer
arranged for the grievor to work temporarily in the higher paid position of Maintenance
Mechanic 3, for a period of approximately two years. In August 2005, the temporary assignment
ended, and the grievor was transferred to the position of Stores Clerk, his home position. In
December 2004, the grievor applied for the Maintenance Mechanic 3 position, but it was
awarded to another employee, Dave McGill. Mr. McGill had also worked as a Maintenance
Mechanic 3 alongside the grievor. He was an unclassified employee at the time, but had been
accorded classified status in September 2004. The grievor alleges that the posting procedure was
delayed in order to give Mr. McGill the position. The employer responds that the grievor's home
3
position at CECC has always been Stores Clerk. The posting was delayed, but that was a result
of possible transfers that might result from the closure of St. Lawrence.
DECISION
The grievance is denied.
Dated at Toronto, this 31 st day of January, 2007.