HomeMy WebLinkAbout2013-0091.Robinson.14-07-04 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#2013-0091, 2013-0092
UNION#2013-0453-0001, 2013-0453-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Robinson) Union
- and -
The Crown in Right of Ontario
(Ontario Tourism Marketing Partnership Corporation) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Lisa Compagnone
Ministry of Government Services
Labour Practice Group
Counsel
HEARING June 26, 2014
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Decision
[1] In or about May 2012, the Employer provided notice of lay-off to the Grievor from her
regular part-time position as a Travel Counsellor (des). The Grievor was laid-off in
November 2012. In or about November 2012 the Employer posted a regular full time
Travel Counsellor position (des). The Grievor applied. The Employer permitted her to
compete for the position. In or about February 2013 the Grievor learned that she was not
successful. The Union then filed two grievances on behalf of the Grievor. The first alleges
that the full time position should not have been posted rather it should have been directly
assigned to the Grievor pursuant to Article 20.3 (the “redeployment grievance”). The
second alleges that in any event the Grievor should have been the successful candidate in
the competition (the “posting grievance”).
[2] Both grievances have been referred to arbitration. They are to be heard together. The
parties have agreed that the expedited provisions of Article 22.16 shall apply.
[3] The Employer considers written French language capability to be a requirement of the full
time Travel Counsellor position. During the competition she failed to pass the written
French language test established by the Employer. There is no suggestion that the test was
not fair in its content or administration. Accordingly, unless the Union can establish that
the written French language requirement established by the Employer was not a legitimate
exercise of its management rights, neither grievance can succeed. There are few, if any,
facts in dispute as between the parties with respect to this issue. It is efficient, therefore, to
address this issue first.
[4] If the Union succeeds with respect to the first issue, the Employer reserves its right to argue
that the redeployment grievance is untimely. There are few facts in dispute with respect to
this issue and little viva voce evidence will be required. It is efficient to address this issue
as a preliminary matter.
[5] Accordingly, the next day of hearing will be restricted to the first and second issues. The
Union is to provide full particulars relevant to these two issues to the Employer by August
15, 2014. The parties are to use their best efforts to reach an agreed statement of facts for
the purposes of the first and second issues. The hearing will resume on December 8, 2014.
The parties are directed to give notice to the successful applicant for the full time position
as her rights may be affected by the posting grievance.
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[6] I am seized.
Dated at Toronto, Ontario this 4th day of July 2014.
Ian Anderson, Vice-Chair