HomeMy WebLinkAbout2003-3486.Snow et al.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# 2003-3486, 2005-0411, 2006-0883, 2006-0884
UNION# 2003-0119-0013, 2003-0119-0020, 2003-0119-0022, 2003-0119-0023
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 et al.) 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 these grievances to mediation/arbitration in accordance with Article 22.16 of
the Collective Agreement. The grievances were filed in 2003 and involve the opportunity to
work additional shifts as acting operational managers at the Stratford Jail. The Grievors are
seeking the compensation for the missed overtime opportunities.
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 grievances the grievors were in management positions. 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 these grievances which are accordingly dismissed.
Dated at Toronto, Ontario, this 17th day of July 2006.
M. Brian Keller, Vice-Chair