HomeMy WebLinkAbout2018-2864.Mussart.19-07-15 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# 2018-2864
UNION# 2018-0102-0026
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mussart) Union
- and -
The Crown in Right of Ontario
(Ministry of Health) Employer
BEFORE
Diane L. Gee
Arbitrator
FOR THE UNION
Alex Zamfir
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Shiran Brener
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 4, 2019
-2-
DECISION
[1] This matter arises under Article 22.16 of the parties’ collective agreement. The
Employer has raised a preliminary objection to the Board’s jurisdiction to hear and
determine this grievance, which contests the Employer’s decision not to interview
the Grievor with respect to a job competition in an AMAPCEO bargaining unit.
[2] The following facts are undisputed:
1. The Grievor holds a position in the OPSEU bargaining unit.
2. She applied for the position of Regional Training Manager in the AMAPCEO
bargaining unit.
3. The Grievor was not granted an interview.
[3] Based on these undisputed facts, I conclude that the Employer’s objection to my
jurisdiction must succeed. The Board has no jurisdiction to make a determination
under the AMAPCEO collective agreement unless the grievance is brought by
AMAPCEO. An OPSEU bargaining unit member has no right to grieve a
competition conducted under another collective agreement, even though it is with
the same employer. It does not constitute “a difference between the parties ‘arising
from the interpretation, application, administration or alleged contravention of this
[OPSEU] Agreement.’” In this regard, the Grievor has no ability to complain about
a breach of the AMAPCEO collective agreement. She has the same status as an
external candidate.
[4] The Board does not have jurisdiction to address this matter, and accordingly, the
grievance must be dismissed.
Dated at Toronto, Ontario this 15th day of July, 2019.
“Diane L. Gee”
______________________
Diane L. Gee, Arbitrator