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HomeMy WebLinkAbout2006-0124.Solomon.08-07-03 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2006-0124, 2006-0744, 2006-0948, 2006-0949, 2007-0285, 2007-0286, 2007-0287 UNION# 2006-0234-0100, 2006-0234-0155, 2006-0234-0217, 2006-0234-0218, 2006-0234-0465, 2006-0234-0466, 2006-0234-0467 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Solomon) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Scott Andrews and Stephen Giles Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Faith Crocker Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING May 28, 2008. 2 Decision The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that 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. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. The grievor is a Rehab Officer. Her grievances relate to her attempts over the last several years to secure development opportunities and, ultimately, a posting to the position of Volunteer Coordinator. In April 2006, the grievor was given a five week temporary assignment to replace the Volunteer Coordinator. The grievor alleges she was not given a proper opportunity to perform the work, and she withdrew and returned to her regular position. In July 2006, the grievor applied for a vacancy in the Volunteer Coordinator classification, but was not interviewed for the position. The grievor alleges that these circumstances involved the practice of racial discrimination against her by the employer. The employer responds that there has been no discrimination. The grievor was provided with a temporary development opportunity but withdrew for her own reasons. She was not interviewed for the vacancy she applied for because she did not meet the basic requirements for the position of Volunteer Coordinator. 3 After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed. rd Dated at Toronto, this 3 day of July, 2008. Barry Stephens, Vice-Chair