HomeMy WebLinkAbout2011-0766.Gregory.12-12-13 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#2011-0766
UNION#2011-0234-0064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gregory) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Swey Vishwanath
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARING December 12, 2012.
- 2 -
Decision
[1] The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to
a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with
submissions, which include the facts and authorities each relies upon. This decision is issued
in accordance with the Protocol and with Article 22.16 of the collective agreement, and is
without prejudice or precedent.
[2] The grievance relates to the service credit attributed to the grievor at the time of her
hiring in 2006. The grievor had worked previously for the Ministry but terminated that
employment and did not return for a period of several years. She was hired in 2006 at the Step
3 level. In 2007 she filed a grievance alleging that she had not been given proper credit at the
time of hiring. She withdrew that grievance but filed a subsequent grievance on the same
matter in 2011 based on her understanding that other employees in a similar position to her had
been credited more service upon being hired.
[3] The employer takes the position that the grievance does not involve a breach of the
collective agreement, in that the severance of the grievor’s employment prior to 2006 meant
she had no collective agreement rights to service credits. Given this, the decision with respect
to her service credits was an exercise of management discretion wholly beyond the ambit of the
collective agreement and, thus, outside the jurisdiction of a vice-chair to alter in any way.
- 3 -
[4] After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
Dated at Toronto this 13th day of December 2012.
Barry Stephens, Vice-Chair