HomeMy WebLinkAbout2017-1423.Beale.20-03-13 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# 2017-1423; 2017-1424; 2017-1425; 2017-1531
UNION# 2017-0229-0015; 2017-0229-0016; 2017-0229-0017; 2017-0229-0020
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Beale) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura McDonald
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 9, 2020
-2-
DECISION
[1] Ms. Susan Beale, a Social Worker Supervisor, at Ontario Correctional Institute,
filed four grievances from May 10 to August 11, 2017, alleging, essentially, that a
job competition for a management position was flawed and unfair. She seeks an
order that the employer put her into the management position in question or to
rerun the competition.
[2] The employer takes the position that this Board has no jurisdiction to hear a
complaint about a management job competition. The ministry seeks a ruling on a
preliminary motion to dismiss the grievances for lack of jurisdiction, relying on
longstanding decisions of the board that have held that a bargaining unit member
cannot grieve a competition for a management position at the Grievance
Settlement Board.
[3] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue
a decision without precedent or prejudice, and without written reasons.
[4] Having carefully considered the evidence put before me, including documents
submitted by the union, the submissions of the parties, as well as the
jurisprudence of the Board, I hereby grant the employer’s motion to dismiss the
grievances for lack of jurisdiction. The grievances are hereby dismissed.
Dated at Toronto, Ontario this 13th day of March, 2020.
“D.J.D. Leighton”
________________________
D.J.D. Leighton, Arbitrator