HomeMy WebLinkAbout2008-2508.Cassidy.09-04-09 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
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GSB#2008-2508, 2008-2509
UNION#2008-0337-0003, 2008-0337-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cassidy)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Nicholas Sapp
Ministry of Children and Youth Services
Employee Relations Advisor
HEARING
March 26, 2009.
2
Decision
[1]Mr. Dale Cassidy, a Youth Services Officer at Brookside Youth Centre, filed two
grievances on April 28, 2008 alleging that the competition for a Defensive Tactic
Instructor position was flawed and that as an UMAB Instructor he should have been
given the defensive tactic training and awarded the voluntary training position. The
employer took the position that the grievances were not arbitrable under Article 6, as the
position is voluntary and thus, there has been no breach of the collective agreement.
[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 that is without written reasons, in accord
with the provisions for expedited hearings under Article 22.16 of the collective
agreement between the parties. The parties agree that this decision is without prejudice
or precedent to any matters in the future.
[3]Having carefully considered the submissions of the parties, and the jurisprudence of the
Board, I must conclude the grievances do not allege a breach of the collective agreement
and are therefore not arbitrable. Thus, I hereby dismiss these grievances.
th
Dated at Toronto this 9 day of April 2009.
Deborah J.D. Leighton, Vice-Chair