HomeMy WebLinkAbout2022-9792.Deen.23-05-31 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2022-9792
UNION# 2022-0533-0026
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Deen) Union
- and -
The Crown in Right of Ontario
(Ministry of Public and Business Service Delivery) Employer
BEFORE Diane L. Gee Arbitrator
FOR THE UNION Joseanne Job
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Cohen
Ministry of Government Services
Legal Services Branch
Senior Counsel
HEARING May 30, 2023
- 2 -
Decision
[1] This matter is a grievance filed by Farah Deen on October 13, 2022. The
“statement of grievance” set out on the grievance form reads as follows:
I grieve that my rights have been violated through articles XXX as
well as any other article, policy or legislation made known in the
course of this grievance.
Immediately thereafter, “ARTICLE 2” is written in by hand. The grievance
advances an allegation that the Employer is in violation of Article 2 of the
Collective Agreement. Article 2 is the management rights clause.
[2] The grievance states that the settlement desired is:
Full redress, including but not limited to the following: Hiring an
independent company to do the evaluation of the two job duties that
were amalgamated to one on August 16th, 2022.
At the hearing of this matter, Ms. Deen confirmed that she was asking for the job
specifications to be reviewed with the expectation that the classification would be
raised to a higher level.
[3] The Employer moved that the grievance be dismissed on the basis that the
grievance is a classification grievance for which no remedy is permitted under
section 51 of the Crown Employees Collective Bargaining Act (CECBA). Sections
51 and 52 of CECBA provide as follows:
PART V – GRIEVANCE SETTLEMENT BOARD
Classification grievances, restriction
51 (1) An order of the Grievance Settlement Board shall not
require the creation of a new classification of employees or the
alteration of an existing classification.
Same
(2) An order of the Grievance Settlement Board shall not require a
change to be made in the classification of an employee.
PART VI – MISCELLANEOUS
Classification issues
52 (1) A provision in an agreement entered into that provides for
the determination by an arbitrator, a board of arbitration or another
tribunal of any of the following matters is void:
1. A classification system of employees, including creating
a new classification system or amending an existing
classification system.
- 3 -
2. The classification of an employee, including changing an
employee’s classification.
Same
(2) Subsection (1) applies to agreements entered into before or
after the date on which the Labour Relations and Employment
Statute Law Amendment Act, 1995 receives Royal Assent.
[4] The Employer relies on Ontario Public Service Employees Union (Metcalfe et al)
and The Crown in Right of Ontario (Ministry of Government Services), 2012
CanLII 6212 (ON GSB); Ontario Public Service Employees Union (Foreman et al)
and The Crown in Right of Ontario (Ministry of Education), GSB #2002-1806 etc.
(Abramsky – March 31, 2005); Ontario Public Service Employees Union
(Wilson/Anastakos et al) and The Crown in Right of Ontario (Ministry of
Transportation), GSB #0147/95 etc. (Dissanayake – March 28, 2001) in which
the Board found that section 51 of CECBA is clear that classification grievances
are not permitted, in that the Board has no jurisdiction to provide a remedy.
[5] I find that this grievance is a classification grievance in respect of which section
51 of CECBA provides the Board has no jurisdiction to provide a remedy. As
such, this grievance is hereby dismissed.
Dated at Toronto, Ontario this 31st day of May 2023.
“Diane L. Gee”
_________________________
Diane L. Gee, Arbitrator