HomeMy WebLinkAbout2014-3642.Cayer et al.16-06-29 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#2014-3642
UNION#2014-0411-0029
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cayer et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Brian Scott
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING June 14, 2016
- 2 -
Decision
[1] The Employer and the Union at the Ottawa Carleton Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. A number of the grievances were settled through that process.
However, this grievance remained unresolved requiring a decision from this Board. The
Protocol provides that decisions will be issued within a relatively short period of time
after the actual mediation sessions and will be without reasons. Further, the decision is
to be without prejudice and precedent.
[2] Mr. Michel Cayer filed a group grievance on his own behalf and for other MM2
employees working in the maintenance department at OCDC. The grievance contended
“that we have been performing MM3 work since 2008 as per the job description. We
believe that we should be getting paid as MM3s”.
[3] The Union raised a number of duties and responsibilities that the grievors relied
upon in defence of the grievance. The Employer contended that this Board is without
jurisdiction to hear and determine this matter because classification grievances are
inarbitrable.
[4] I must agree with the Employer. I am without the jurisdiction to adjudicate this
matter. The grievance must be dismissed.
Dated at Toronto, Ontario this 29th day of June 2016.
Felicity D. Briggs, Vice Chair