HomeMy WebLinkAbout2006-0619.Warden et al.08-07-31 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# 2006-0619, 2006-1220, 2006-1318
UNION# 2006-0521-0006, 2006-0582-0075, 2006-0582-0096
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Warden et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
June 11, 2008.
2
Decision
The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated Protocol for grievances filed
on behalf of or by Bailiffs. A number of the grievances were settled through that
process. However, a few remained unresolved and therefore require a decision
from this Board. The Protocol provides that decisions will be issued within a
relatively short period of time after the actual mediation sessions and will be
without reasons. Further, the decision is to be without prejudice and precedent.
Mark Brown, Donald Stockwood and Keith Warden are Correctional Officers who
applied for, but did not receive, positions of Bailiff. The competitions were held in
the spring of 2006. While the facts in each case were different, each grievor
alleged that the process utilized by the Employer was flawed in the screening out
phase.
After reviewing the facts and the documents associated with these job competitions
I find that neither the Employer?s process nor its application of that process to be in
violation of the Collective Agreement. Therefore, the grievances are denied.
st
Dated in Toronto, this 31 day of July, 2008.
Felicity D. Briggs
Vice-Chair