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HomeMy WebLinkAbout2003-1651.Snow.06-07-17 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# 2003-1651 UNION# 2003-0119-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Snow) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE M. Brian Keller Vice-Chair FOR THE UNION Stephen Giles Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Pauline Jones Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING July 12, 2006. 2 Decision The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievance was filed in 2003 and involves a job competition for a Temporary Acting Operations Management position, and the subsequent cancellation of the assignment. The Grievor is seeking re-appointment to the position. At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this matter, and requested that I issue a decision, without reasons. Having carefully reviewed the evidence presented and the submissions of the parties, I find as follows: At the time of the grievance the grievor was in a management position. A management position is outside the bargaining unit. The jurisdiction of the Board does not extend to employees in management positions. Consequently, the Board does not have the requisite jurisdiction to deal with this grievance which is accordingly dismissed. Dated at Toronto, Ontario, this 17th day of July 2006. M. Brian Keller, Vice-Chair