HomeMy WebLinkAbout2018-2713.Delost.19-09-13 Decision
Crown 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#2018-2713
UNION#2018-0649-0024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Delost) Union
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The Crown in Right of Ontario
(Ministry of Energy, Northern Development and Mines) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Dan Hales
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Justin O’Gorman
Treasury Board Secretariat
Employee Relations Advisor
HEARING September 12, 2019 (by teleconference)
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Decision
[1] The grievance before me is dated October 4, 2017, and was filed on
behalf of Ms. J. Delost. At the relevant time Ms. Delost was in an Administrative
Assistant position at the 08OAD level. The Employer has taken the position that Ms.
Delost’s grievance is a classification grievance and that the Board does not have the
jurisdiction to deal with it. The Employer’s motion to have the grievance dismissed was
addressed during a teleconference.
[2] The relevant features of Ms. Delost’s grievance read as follows:
STATEMENT OF GRIEVANCE
I grieve specifically but not exclusively that the Employer is in violation of Articles 2, 7, 8,
Appendix 7 and the Unified Wage Schedule of the Collective Agreement, legislation or
Ministry policies that may apply when the employer improperly classified my current
position as an OAD8 when it should be an OAD10 based on the regular duties I’m being
asked to perform on a daily basis. The current pay scale does not reflect the scope of
my responsibilities and qualifications in my current position.
SETTLEMENT DESIRED
…
3. To be immediately reclassified as an OAD10 and back dated to January 1, 2015.
…
[3] During the conference call I expressed the view that the grievance looks
like a typical classification grievance. There was nothing in the brief conversation that
ensued to suggest that the grievance was anything other than a classification grievance.
[4] Section 52 (1) of the Crown Employees Collective Bargaining Act and
article 22.12 of the Collective Agreement, which references the Joint System
Subcommittee (“JSSC”), make it clear that the GSB does not have the jurisdiction to
deal with classification grievances.
[5] Accordingly, given that Ms. Delost’s grievance is a classification grievance
and that the GSB lacks the jurisdiction to deal with her grievance, I have no alternative
but to dismiss Ms. Delost’s grievance dated October 4, 2017, in so far as the GSB
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process is concerned. I understand that the Union intends to pursue the grievance at
the JSSC.
Dated at Toronto, Ontario this 13th day of September, 2019.
“Ken Petryshen”
Ken Petryshen, Arbitrator