HomeMy WebLinkAbout2011-2110.Bartlett.13-05-02 Decision
Crown Employees
Grievance
Settlement Board
Suite 600
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Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
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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#2011-2110
UNION#2011-0649-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bartlett) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources) Employer
BEFORE Peter Chauvin Vice-Chair
FOR THE UNION Mark Barclay
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Kevin Dorgan
Ministry of Government Services
Labour Practice Group
Counsel
HEARING April 29, 2013.
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Decision
[1] 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. The
parties requested that I render a “bottom line” Decision, which does not provide reasons for the
conclusion. This Decision is issued in accordance with Article 22.16 of the collective agreement,
and is without prejudice or precedent.
[2] The parties agreed upon a Statement of Facts, which includes the following. In 2011 Robert
Bartlett (“the Grievor”) was a seasonal employee in the position of Operational Technician/Park
Warden (Resource Technician 2 or “RT2” classification) at Kettle Lakes Provincial Park, near
Timmins.
[3] Kettle Lakes Provincial Park is part of the Cochrane Cluster of Ontario Parks operated by
the Ministry of Natural Resources (“MNR” or the “Employer”). In 2011, there were four
operating Provincial Parks within the Cochrane Cluster of Ontario Parks: Kettle Lakes,
Greenwater, Esker Lakes and Tidewater.
[4] For the 2011 season, Jacob Daniher, the Senior Operations Technician (Resource
Technician 3 or “RT3” classification) at Esker Lakes Provincial Park, took a leave from this
position to work in a management position. Mr. Daniher’s contract in the Senior Operations
Technician position was from May 2 to September 16, 2011.
[5] The Employer temporarily assigned two employees on a series of consecutive contracts
to the Senior Operations Technician position at Esker Lakes Provincial Park that Mr. Daniher
had vacated. In each instance the temporary assignment was paid at the RT2 classification salary
level as an Operations Technician. The total duration of the consecutive temporary assignments
was approximately 4.5 months, from May 2 to September 16, 2011, for a total of 20 weeks.
[6] From May 2 to June 20, 2011 Chris Waslyk, an Operations Technician (RT2
classification) at Greenwater Provincial Park, worked in the position as a temporary assignment.
[7] From June 20 to July 31, 2011 Mr. Waslyk worked in a temporary assignment in the
position of Bear Technician (RT3 classification) in the Cochrane District of MNR because the
incumbent of that Bear Technician (RT3 classification) position was on a medical leave during
this 6-week period from June 20 to July 31, 2011.
[8] Accordingly, from June 20 to July 31, 2011 Ashley Todd, an Assistant Park
Clerk/Natural Heritage Educator (Office Administrator 04 classification) at Esker Lakes
Provincial Park, worked in a temporary assignment in the Operations Technician position at
Esker Lakes Provincial Park from June 20 to July 31, 2011.
[9] From July 31 to September 16, 2011, Mr. Waslyk returned to the temporary assignment
in the Operations Technician position at Esker Lakes Provincial Park.
[10] As stated above, the total duration of the consecutive temporary assignments was
approximately 4.5 months, from May 2 to September 16, 2011.
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[11] The Grievor has more seniority than Mr. Waslyk and Ms. Todd.
[12] On May 11, 2011, the Grievor filed a grievance which alleges a violation primarily of
Articles 2, 3, 6.1.1, 6.3 and 32.4.1.
[13] Having considered the facts of this case, the submissions of the parties, and the case law
put before me, I do not find that there is any violation of the collective agreement. Accordingly,
the grievance is dismissed.
[14] This decision fully and finally resolves OPSEU Grievance No. 2011-0649-0004, which
cannot be re-filed. This Decision is issued in accordance with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
Dated at Toronto this 2nd day of May 2013.
Peter Chauvin, Vice-Chair