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HomeMy WebLinkAbout2008-4001.Saini.15-02-13 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#2008-4001, 2009-1336, 2009-1337 UNION#2009-0517-0033, 2009-0517-0090, 2009-0517-0089 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Saini) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Nick Mustari Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING December 11, 2014 - 2 - Decision [1] Mr. Steve Saini was an OAG 6 at the Toronto West Detention Centre at the time he filed the grievances on February 20, June 20, and July 20, 2009. The union alleges that the employer breached Articles 2, 3, 6 and 9 of the collective agreement as “they pertain to the posting of vacancies in the Ontario Public Service.” The union alleges further that management “constructively prevented” the grievor from advancing his career. [2] These are competition grievances. In one case the grievor was not successful in getting an interview for a position at CNCC. The grievor was given an interview for a position at OCI but was unsuccessful in the competition. The grievor believes that the employer blocked his career advancement in both cases because he had previously filed a complaint to the Human Rights Tribunal, which was subsequently settled by a confidential Minutes of Settlement. The grievor retired in November 2009. [3] The employer submitted that there was no evidence to support the grievor’s allegations that the employer prevented the grievor’s advancement for any improper purpose and there was no violation of the collective agreement. The employer also argued that the only evidence presented to the Board was the grievor’s feeling that his human rights complaint must have led to him not winning the competitions. [4] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [5] Having carefully considered the evidence and the submissions of the parties on the grievances, as well as the jurisprudence of the Board, I hereby deny the grievances. Dated at Toronto, Ontario this 13th day of February 2015. Deborah J.D. Leighton, Vice-Chair