HomeMy WebLinkAbout2018-2461.Brown et al.19-12-10 DecisionCrown Employees
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IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Brown et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Training and Skills Development) Employer
BEFORE
Diane L. Gee
Arbitrator
FOR THE UNION
Seung Chi (Grievance Officer)
Ontario Public Service Employees Union
FOR THE EMPLOYER Henry Huang (Counsel)
Treasury Board Secretariat
Legal Services Branch
HEARING December 3, 2019
-2-
DECISION
[1] These matters are grievances filed by Occupational Health and Safety (“OHSA”)
and Employment Standards Inspectors who work in the Ministry of Labour. The
grievances allege the Employer is in violation of articles 2, 3 and 16 of the
Collective Agreement by placing newly hired Inspectors at Step 4 of the salary
scale instead of at Step 1. The Union provided particulars to the Employer
following which the Employer advised it intended to bring a motion to have the
grievances dismissed on the basis that the Board lacks jurisdiction and, in the
alternative, the particulars do not make out a prima facie case. The motion was
heard on December 3, 2019. This decision does not determine the outcome of
that motion. Rather, it directs the filing of further submissions by the Union as set
out in paragraph 8 below.
[2] Inspectors are hired into a geographic area and a specialty area. For the
purposes of this decision all that is relevant is that there are Inspectors who work
in the Central East Region (“CER”) and Inspectors who work in other Regions of
the Province and, further, Inspectors are hired into specialty areas that include:
Construction OHSA; Industrial OHSA; and Employment Standards.
[3] In August 2018 the Employer hired 22 Inspectors. The Inspectors hired to work
in the CER as a construction OHSA Inspector (“New Construction CER
Inspectors”) were started at Step 4 of the salary scale. All of the inspectors hired
to work outside of CER, or hired as Industrial OHSA and Employment Standards
Inspectors within CER (“New Non-Construction CER Inspectors”), were started at
Step 1.
[4] The instant grievances were filed by Inspectors who the Union has identified as
falling into the following four groups:
A. Group 1 – Construction and Industrial Inspectors who were at or above
Step 4 when they filed the grievances.
B. Group 2 – Construction OHSA Inspectors who were at Step 2 or 3 and
worked in CER when they filed the grievance.
C. Group 3 – Construction OHSA Inspectors, Industrial OHSA Inspectors;
and Employment Standards Inspectors who were at Step 2 or 3 and
worked at other regional offices when they filed the grievance.
D. Group 4 – Construction OHSA Inspectors hired in 2018 and placed at
Step 1 (the New Non-Construction CER Inspectors).
[5] The grievors in this matter do not represent all Inspectors in the Province. There
are approximately 400 Inspectors in the positions in question and there are
approximately 100 grievors.
-3-
[6] At the end of the parties’ submissions on December 3, 2019, the Board asked
the Union what it was seeking by way of remedy. The Union advised it seeks an
order that the grievors all be placed at Step 4.
[7] Having considered the nature of the remedy the Union is seeking in this matter
the Board is very doubtful that the remedy sought is within its jurisdiction to grant.
The remedy sought by the Union would require the Board to order the Employer
to move Inspectors up the salary scale in a fashion other than as provided for in
the collective agreement. Such an Order would constitute an amendment to the
collective agreement contrary to Article 22.14.6. The Board is further concerned
that such a remedy would not be granted as it would grossly aggravate the very
issue underlying the grievance; an inspector’s rate of pay would vary depending
on whether they filed a grievance or not as opposed to on the basis of fairness
and equity. A poor labour relations result for all.
[8] The Union is hereby directed to file submissions with the Board, copied to the
Employer, responding to the Board’s concerns set out in paragraph 7. Such
submissions are to be filed no later than December 17, 2019. Following a review
of such submissions, the Employer will be advised if a response is required.
Dated at Toronto, Ontario this 10th day of December, 2019.
“Diane L. Gee”
_________________________
Diane L. Gee, Arbitrator