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HomeMy WebLinkAbout1994-0479.MIMMS___COUTTS99_0 OfffARJO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'OfffARJO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONEfTELEPHONE (416) 326-1388 100, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACS/MILEfTELECOPIE (416) 326-1396 GSB # 0479/94,0486/94 OPSEU # 94B821 94B823 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before , THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Robert MImms & Gregory Coutts) Grievors - and - The Crown m Right of OntarIO (MInIstry of TransportatIOn) Employer BEFORE RandI Hammer Abramsky V Ice-ChaIr FOR THE KrIstIn A. ElIot GRIEVORS Counsel, ElIot, SmIth Barnsters & SolICItors FOR THE Hiroko Sawal EMPLOYER Counsel, Legal ServIces Branch Management Board SecretarIat HEARING May 3,1999 DECISION Two bargaming unit employees, Robert Mimms and Gregory Coutts, filed the grievances in this matter The grievors claun that they were improperly evaluated without an mterview in a job competition for the position of Project Supervisor a management position. At the start of the heanng, the Employer raised a prelimmary objection that the grievances were not arbitrable on the baSIS that the vacancies filled were management positions outside the scope of the collective agreement. Based on my review of the facts and the cases cited by the Employer, Cunningham and Ministry of Consumer & Commercial Relations, GSB No 279/79 (Jolliffe, 1980) and OPSEU (Shelton/Haynes/Villella) and Ministry of Transportation, GSB Nos. 520/90 et al. (Dissanayake, 1990). the latter of which involved the Identical position, Project Supervisor m the Ministry of Transportation, I conclude that the grievances must be dismissed. The Cited case law is dispositive of the grievors' claims. It may be, as counsel for the Union asserts, that the GSB has some limited Jurisdiction when there is an allegatIOn of discrimination or bad faith, but smce there is no such allegation here, I need not resolve that Issue. Accordmgly, based on the Cited case law which thiS Board IS bound to follow, the gnevances are dismissed. Issued thiS 5th day of May, 1999, m Toronto all"