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HomeMy WebLinkAbout2013-4381.Ramsey et al.14-09-26 Decision Crown 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#2013-4381, 2013-4382, 2013-4383, 2013-4384, 2013-4385, 2013-4386, 2013-4387, 2013-4388, 2013-4389, 2013-4390, 2013-4391, 2013-4392, 2013-4393, 2013-4422, 2013-4478 UNION#2013-0302-0007, 2013-0302-0008, 2013-0302-0009, 2013-0302-0010, 2013-0302-0011, 2013-0302-0012, 2013-0302-0013, 2013-0302-0014, 2013-0302-0015, 2013-0302-0016, 2013-0302-0017, 2013-0302-0018, 2013-0302-0019, 2013-0432-0006, 2013-0302-0020 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ramsey et al) Union - and - The Crown in Right of Ontario (Ministry of Attorney General) Employer BEFORE Reva Devins Vice-Chair FOR THE UNION Seung Chi Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Cassidy Davies Treasury Board Secretariat Employee Relations Advisor HEARING September 25, 2014 - 2 - Decision [1] The parties agreed that these matters should be consolidated and proceed as a mediation/arbitration under Article 22.16 of the Collective Agreement without precedential value. Facts [2] The Grievors are Court Reporters with the Ministry of the Attorney General. When they are assigned to work in Small Claims Court, they work alone; there is no Court Registrar to work along with them. On these occasions the duties of the Court Reporter include recording the proceeding, receiving and marking exhibits, managing the docket, dealing with the public and securing the court room during recesses Submissions [3] The Union asserts that the Grievors perform the functions of a Registrar, a higher rated classification, when they are assigned to work in Small Claims Court. Therefore, they should be remunerated as a Registrar. Specifically, the Union submits that there has been a violation of Appendix 32 and Article 6 and that the Grievors should be paid at the rate of a Court Administrator, OAG 8, when they are assigned to Small Claims Court, retroactive to January 1, 2013. [4] The Employer maintained that this was a classification grievance and that the Board had no jurisdiction to determine these matters. Decision [5] Having reviewed the evidence and the submission of the parties, I am of the view that the Grievors are essentially challenging the appropriate classification of their current duties. - 3 - The Board has consistently found that it has no jurisdiction to determine classification grievances: see OPSEU (Union) v. Min. of Training, Colleges and Universities (2013), GSB. No. 2012-0651 (Carrier). [6] I would therefore dismiss the grievances. Dated at Toronto this 26th day of September 2014. Reva Devins, Vice-Chair