HomeMy WebLinkAbout2002-0228.Camman.05-08-29 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2002-0228
UNION# 2002-0234-0010 [02C366]
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Camman) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Commumty Safety and CorrectIOnal ServIces) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Stephen GIles
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Mike Bnscoe
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING June 2, 2005
2
DeCISIon
The partIes agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol for the Maplehurst
CorrectIOnal Complex. It IS not necessary to reproduce the entIre Protocol here Suffice It to say
that the partIes have agreed to an expedIted process whereIn each party provIdes the vIce-chair
wIth wntten submIssIOns, whIch Include the facts and authontIes the party Intends to rely upon,
one week pnor to the heanng. At the heanng, oral eVIdence IS not called, although the vIce-chair
IS permItted to request further InformatIOn or documentatIOn. In addItIOn, If It becomes apparent
to eIther party or the vIce-chair that the Issues Involved In a partIcular case are of a complex or
sIgmficant nature, the case may be taken out of the expedIted process and processed through
"regular" arbItratIOn. Although IndIVIdual gnevors often wIsh to provIde oral eVIdence at
arbItratIOn, the process adopted by the partIes provIdes for a thorough canvaSSIng of the facts
pnor to the heanng, and leads to a fair and efficIent adjudIcatIOn process
The gnevor was demed the opportumty to fill an OM16 posItIOn. The OM16 posItIOns are
outsIde the bargaInIng umt. The umon alleges the gnevor was demed the posItIOn for reasons
that were arbItrary dISCnmInatory or In bad faith, assertIng that the employer demed hIm the
posItIOn In retnbutIOn for the fact that hIS brother acts as a lawyer representIng OMI6's at the
PublIc ServIce Gnevance Board (PSGB) SpecIfically the umon alleges that the gnevor's
brother had successfully represented employees In a major case before the PSBG at the tIme of
the job postIng, and that gnevor was demed the OM16 opportumty for thIS reason. The
employer argued that I dId not have jUnSdIctIOn to hear thIS matter as It dealt wIth the gnevor's
nght to a posItIOn that IS outsIde of the collectIve agreement.
3
HavIng carefully revIewed the eVIdence presented and the submIssIOns of the partIes, It IS my
conclusIOn that there IS no clear and cogent eVIdence that the employer has acted In an arbItrary
dISCTImInatory or bad faith manner In thIS matter AssumIng, wIthout decIdIng, that I have
JunsdIctIOn to decIde thIS matter It IS my VIew that the gnevance should be dIsmIssed
Dated at Toronto thIS 29th day of August, 2005