HomeMy WebLinkAbout2006-2300.Wolterbeek.08-08-07 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#2006-2300, 2006-2302
UNION#2006-0122-0008, 2006-0122-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wolterbeek et al)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNIONStacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYERNicholas Sapp
Employee Relations Advisor
Ministry of Children and Youth Services
HEARINGJuly 23, 2008
2
Decision
The Employer and the Union at the Bluewater Youth Centre agreed to participate
in the Expedited Mediation-Arbitration process. A number of the grievances were
settled through that process. However, a few remained unresolved and therefore
require a decision from this Board. In accordance with the agreement of the parties,
decisions dealing with those grievances that were not resolved 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.
Diana Glousher and Diric Wolterbeek were Food Service Helpers at the time of the
filing of the grievances. Each alleged that the Employer was ?using discriminatory
practices in the food services department by being the only directly operated youth
Facility in the province of Ontario having Food Service Helpers?. By way of
remedy each requested ?all appropriate retroactive pay?. It is worth noting that the
Employer re-classified these employees to the Cook position in April of 2007.
After hearing the facts and submissions I must dismiss these grievances. Although
both grievors specifically alleged Employer discrimination, in fact each grievance
challenges the grievor?s classification. This Board is without jurisdiction to hear
and determine grievances regarding classifications. Therefore, the grievances are
denied.
th
Dated at Toronto, this 8 day of August, 2008.
Felicity D. Briggs
Vice-Chair