HomeMy WebLinkAbout2018-1674.Pais.19-03-26 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2018-1674
UNION# 2018-0503-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pais) Union
- and -
The Crown in Right of Ontario
(Ministry of Education) Employer
BEFORE
Kevin Banks
Arbitrator
FOR THE UNION
Andrew Mindszenthy
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Alissa Bryers
Treasury Board Secretariat
Employee Relations Advisor
HEARING March 18, 2019
-2-
DECISION
[1] The parties have referred this matter to expedited mediation-arbitration in
accordance with Article 22.16 of the Collective Agreement. The parties agree
that I have jurisdiction to decide it. Under Article 22.16, where the parties are
unable to resolve their differences through mediation, the arbitrator is to
expeditiously issue a succinct decision without precedential value, unless the
parties agree otherwise. In accordance with that protocol, the parties have
requested that I issue a decision without written reasons.
[2] The hearing took place on March 18, 2019. I received evidence and submissions
from the Union, the Grievor, and the Employer.
[3] The grievance alleges that the Employer was obligated by Article 11 and
Appendix 13 of the Collective agreement to notify the Grievor that he might be
relocated to one of two locations when it decided to relocate employees from
Toronto to Hamilton and Oshawa, and to give him the option to choose to be
relocated at one location or the other. The Employer says that neither provision
requires it to do those things.
[4] Having carefully considered the evidence put before me, the submissions of the
parties, and the language of the relevant provisions of the Collective Agreement,
I have concluded that there was no breach of the Collective Agreement.
[5] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 26th day of March, 2019.
“Kevin Banks”
______________________
Kevin Banks, Arbitrator