HomeMy WebLinkAbout2006-1987.Pollock et al.07-01-29 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2006-1987,2006-1991
UNION# 2006-0517-0028,2006-0517-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
DEADLINE FOR
WRITTEN
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Pollock et al.)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
November 23, 2006.
January 12,2007.
Union
Employer
Vice-Chair
2
Decision
INTRODUCTION
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have
agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with
submissions, which include the facts and authorities each relies upon. The process adopted by
the parties provides for a canvassing of the facts during the mediation phase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or precedent. The parties were unable to resolve this
matter in mediation.
Accordingly, the matter has been referred to me as a True
Mediation/Arbitration decision under the Protocol.
FACTS
The grievors allege that the employer is reassigning them away from their "posted assignments"
in an arbitrary manner on a regular and frequent basis. The employer responds that employees
bid for their assignments roughly every two years, on the basis of seniority. However, from time
to time, duty managers are required to make changes to the assignments on a day-to-day basis in
order to cover work. The employer states that it instructs the line managers to refrain from
deviating from the posted assignments if possible, but that changes are not uncommon. The
employer further asserts the posted assignments are not guaranteed by the collective agreement
or by any other agreement between the parties.
3
DECISION
After considering the submissions of the parties and the collective agreement, the grievances are
dismissed.
Dated at Toronto, this 29th day of January, 2007.
Barry