HomeMy WebLinkAbout2006-1484.Coulter.07-04-05 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
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Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2006-1484
UNION# 2006-0220-0014
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
( Coulter)
- 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
Elaine Coulter is a classified Youth Services Officer at Sprucedale Youth Centre in the Ministry
of Children and Youth Services. On September 7, 2006 she grieved that the employer had
discriminated against her by denying her an interview for an AMAPCEO AM 19 temporary
assignment.
On March 27,2007, the parties referred Ms. Coulter's grievance (2006-0220-0014) to mediation-
arbitration in accordance with Article 22.16 of the Collective Agreement. The employer took
the position that the board had no jurisdiction to entertain the grievance since the competition
being grieved was for an AMAPCEO position and AMAPCEO had already grieved on Ms.
Coulter's behalf.
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 5th day of April, 2007.
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