HomeMy WebLinkAbout2006-1416.McCreary07-04-04 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# 2006-1416
UNION# 2006-0220-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(McCreary )
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Deborah 1. D. Leighton
Stacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
Nicholas Sapp and Laura Elgar
Employee Relations Advisors
Ministry of Children and Youth Services
March 27,2007.
Union
Employer
Vice-Chair
2
Decision
Paul McCreary was an unclassified Youth Services Officer at Sprucedale Youth Centre in the
Ministry of Children and Youth Services when he asked for an unpaid leave of absence to take a
contract job with the Ontario Provincial Police, which was granted and began on March13, 2006.
On March 29,2006 the Ministry's Employee Relations Committee made an announcement that
certain unclassified Youth Services Officers were eligible and were therefore converted to
classified status. Mr. McCreary was not converted.
On March 29,2007, the parties referred Mr. McCreary's grievance (2006-0220-0012) dated
August 6, 2006 to mediation-arbitration in accordance with Article 22.16 of the Collective
Agreement. The grievance alleges that management violated the collective agreement by not
converting him to classified status. The employer took the position that the grievor had no
entitlement to be declared as classified under the collective agreement.
At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter
and they requested in accordance with Article 22.16, that I issue a without prejudice decision,
with no reasons.
Having carefully reviewed the submissions of the parties as well as the jurisprudence of the
Board, I hereby deny the grievance.
Dated at Toronto this 4th day of April, 2007.