HomeMy WebLinkAbout2008-0115.Da Silva.09-10-20 Decision
Commission de Commission de
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règlement des griefs règlement des griefs
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GSB#2008-0115 GSB#2008-0115
UNION#2008-0369-0096UNION#2008-0369-0096
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(Da Silva)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Anastasios Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Karen Martin
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGDecember 4, 2008.
SUBMISSIONSFebruary 23 and March 2, 2009.
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DECISION
[1]Ms. Diodete Da Silva, an unclassified correctional officer, grieved on February 26, 2008
that she ?was denied the opportunity to apply for the posted competition CS 5017-2007?
which closed on June 11, 2007. She alleges further that the employer deliberately
delayed her transfer to CNCC from North Bay Jail so she could not apply to this
competition. The employer submitted that there has been no breach of the collective
agreement. The grievor was an unclassified Records Clerk at North Bay Jail when she
asked for the transfer. There was no records clerk position to transfer to at CNCC at the
time. In April 2007 she was offered a conversion to a classified position as a Records
Clerk, or an unclassified CO contract. She chose the unclassified CO contract and the
employer placed her on the transfer list in June 2007.
[2] The parties referred these grievances 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 and they asked that I issue a decision without
written reasons and without precedent or prejudice to any subsequent cases before the
Board.
[3] Having carefully considered the submissions of the parties, as well as the jurisprudence
of the Board, I find that there has been no violation of the collective agreement and I
hereby dismiss this grievance.
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th
Dated at Toronto this 20 day of October 2009.
Deborah J.D. Leighton, Vice-Chair