HomeMy WebLinkAbout2010-1629.Dunning.13-03-04 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# 2010-1629
UNION# 2010-0368-0081
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dunning) Union
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The Crown in Right of Ontario
(Community Safety and Correctional Services) Employer
BEFORE Felicity Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Employee Relations Advisor
HEARING February 27, 2013
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Decision
[1] The Employer and the Union agreed to participate in the Expedited
Mediation-Arbitration process in accordance with the negotiated Protocol
for grievances filed on behalf of or by Bailiffs. A number of the grievances
were settled through that process. However, a few remained unresolved
and therefore require a decision from this Board. The Protocol provides
that decisions will be issued within a relatively short period of time after
the actual mediation sessions and will be without reasons. Further, the
decision is to be without prejudice and precedent.
[2] Ronald Dunning is a Recreational Officer working at Central East
Correctional Centre. He filed a grievance alleging the Employer violated the
Collective Agreement by failing to allow him to apply for and receive the
designation of Bailiff Backfill. He asserts that he has all of the necessary
qualifications and therefore should be given the opportunity.
[3] It was the grievor’s view that he was being “discriminated against” based
on his classification. By way of remedy he asked for a two-year
secondment as a provincial bailiff with retroactive compensatory payments
for various lost opportunities.
[4] A copy of the Expression of Interest referred to by the grievor was
provided. It is apparent on the face of the document that the Employer is
seeking Correctional Officers to work as Bailiff Backfills. As noted above,
the grievor suggested that he is being discriminated against on the basis of
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his classification. Classification is not a prohibited ground of discrimination
either in the Collective Agreement or the Ontario Human Rights Code.
[5] Further, the Employer has fairly broad rights, as set out at Article 2.1, to
determine the composition of the workforce. I am of the view that the
Employer has not violated the Collective Agreement by its decision to
utilize Correctional Officers for the position of Bailiff Backfill. The grievor is
not a Correctional Officer and therefore does not meet a fundamental
qualification for this position. While it might well be true that he has other
abilities as set out in the Expression of Interest, his status of Recreational
Officer does not meet the Employer’s requirements.
[6] Accordingly, the grievance is denied.
Dated in Toronto this 4th day of March 2013.
Felicity D. Briggs, Vice Chair