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HomeMy WebLinkAbout2018-1674.Pais.19-03-26 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2018-1674 UNION# 2018-0503-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pais) Union - and - The Crown in Right of Ontario (Ministry of Education) Employer BEFORE Kevin Banks Arbitrator FOR THE UNION Andrew Mindszenthy Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Alissa Bryers Treasury Board Secretariat Employee Relations Advisor HEARING March 18, 2019 -2- DECISION [1] The parties have referred this matter to expedited mediation-arbitration in accordance with Article 22.16 of the Collective Agreement. The parties agree that I have jurisdiction to decide it. Under Article 22.16, where the parties are unable to resolve their differences through mediation, the arbitrator is to expeditiously issue a succinct decision without precedential value, unless the parties agree otherwise. In accordance with that protocol, the parties have requested that I issue a decision without written reasons. [2] The hearing took place on March 18, 2019. I received evidence and submissions from the Union, the Grievor, and the Employer. [3] The grievance alleges that the Employer was obligated by Article 11 and Appendix 13 of the Collective agreement to notify the Grievor that he might be relocated to one of two locations when it decided to relocate employees from Toronto to Hamilton and Oshawa, and to give him the option to choose to be relocated at one location or the other. The Employer says that neither provision requires it to do those things. [4] Having carefully considered the evidence put before me, the submissions of the parties, and the language of the relevant provisions of the Collective Agreement, I have concluded that there was no breach of the Collective Agreement. [5] Accordingly, the grievance is dismissed. Dated at Toronto, Ontario this 26th day of March, 2019. “Kevin Banks” ______________________ Kevin Banks, Arbitrator