HomeMy WebLinkAbout2008-2878.Lee et al.09-02-18 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
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GSB#2008-2878
UNION#2008-0234-0290
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lee et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Scott Andrews
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Brian Scott
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGFebruary 11, 2009.
2
Decision
[1]Eight Nurse 2?s from Vanier Centre for Women grieved on October 11, 2008 that ?they
were placed incorrectly on the salary grid when they started their employment with the
Ministry.? The unclassified nurses are female and argue that the employer placed them
near the bottom of the salary grid, while putting a new male nurse at the top pay level,
thus discriminating against them because of their sex. The employer took the position
that there had been no breach of the collective agreement and salary placement on the
grid is negotiated when a nurse is hired
[2]At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this
matter and they asked that I issue a decision without written reasons, in accord with the
provisions for expedited hearings under Article 22.16 of the collective agreement.
[3]Having carefully considered the submissions of the parties, and the jurisprudence of the
Board, I find that there is no evidence of a breach of the collective agreement. Thus, I
hereby dismiss this group grievance.
th
Dated at Toronto this 18 day of February 2009.
Deborah J.D. Leighton, Vice-Chair