HomeMy WebLinkAbout2012-1358.Union.13-04-15 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#2012-1358, 2012-1359, 2012-1360
UNION# 2012-0205-0042, 2012-0205-0043, 2012-0205-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Kathryn DuBois
Ministry of Government Services
Centre for Employee Relations
Employee Relations Adviser
HEARING April 10, 2013.
- 2 -
Decision
[1] Three union grievances came before the Board for mediation-arbitration pursuant to article
22.16 of the collective agreement. The parties failed to resolve the grievances through
mediation. Therefore the Board determines the grievances under article 22.16 as follows.
[2] Each of the grievances alleges that the employer filled certain temporary assignments without
posting them. There was no disagreement that under article 8.6.1 the employer is obligated to
post only temporary assignments that are of greater than six months duration. It was apparent
that the union either believed that the temporary assignments in question were for periods
greater than six months, or was not aware of the length of the assignments.
[3] Disclosure by the employer during the mediation phase establishes to the Board’s satisfaction
that each of the temporary assignments was for a period of less than six months. Therefore,
the employer was entitled to fill them without posting.
[4] The union expressed frustration that there was no transparency about temporary assignments
that arise or the manner in which they are filled. It felt that the only way to obtain
information was by filing grievances. It also came to light during mediation that no stage two
grievance meeting had taken place with regard to these grievances. That indeed is
regrettable. Had the facts been disclosed during the grievance procedure, if not earlier, the
parties may well have been able to resolve these grievances without appearing before the
Board.
[5] Nevertheless, on the unchallenged evidence before it, the Board is satisfied that there was no
breach of the collective agreement. Therefore, the grievances are hereby dismissed.
Dated at Toronto this 15th day of April 2013
Nimal Dissanayake, Vice-Chair