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HomeMy WebLinkAbout2015-0607.Heath.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#2015-0607 UNION#2015-0219-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Heath) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Randi H. Abramsky Vice-Chair FOR THE UNION Indika Chandrasekara Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Karen Martin Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING June 20, 2016 - 2 - Decision [1] This matter arises under Article 22.16 of the parties’ collective agreement. The Employer has raised a preliminary objection to the Board’s jurisdiction to hear and determine this grievance, which contests the Employer’s decision not to “screen in” the Grievor with respect to a job competition in an AMAPCEO bargaining unit. The following facts are undisputed: 1. The Grievor is a Probation Officer and has worked in that capacity since August 2004. In all she has 33 years of service with the Ontario Public Service, as of the date of the hearing. 2. She applied for posting #72012, a Policy/Program Analyst. This was a temporary, 12-month position in the AMAPCEO bargaining unit. 3. The Grievor was not “screened in” to the job for an interview. Four others were screened in and interviewed. 4. No one who applied actually got the job as it was filled by the Employer through a compassionate transfer. [2] Based on these undisputed facts, I conclude that the Employer’s objection to my jurisdiction must succeed. The Board has no jurisdiction to make a determination under the AMAPCEO collective agreement unless the grievance is brought by AMAPCEO. An OPSEU bargaining unit member has no right to grieve a competition conducted under another collective agreement, even though it is with the same employer. It does not constitute “a difference between the parties ‘arising from the interpretation, application, administration or alleged contravention of this [OPSEU] Agreement.’” In this regard, the Grievor has no ability to complain about a breach of the AMAPCEO collective agreement. She has the same status as an external candidate. [3] I also find that the issue is now moot, as no one actually got the job through the posting. The posting was essentially pulled, and the job was awarded on a compassionate basis. [4] Consequently, despite the Grievor’s disappointment and frustration, the Board does not have jurisdiction to address this matter. [5] Accordingly, the grievance must be dismissed. Dated at Toronto, Ontario this 29th day of June 2016 Randi H. Abramsky, Vice Chair