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HomeMy WebLinkAbout2018-2864.Mussart.19-07-15 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# 2018-2864 UNION# 2018-0102-0026 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Mussart) Union - and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE Diane L. Gee Arbitrator FOR THE UNION Alex Zamfir Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Shiran Brener Treasury Board Secretariat Legal Services Branch Counsel HEARING July 4, 2019 -2- DECISION [1] This matter arises under Article 22.16 of the parties’ collective agreement. The Employer has raised a preliminary objection to the Board’s jurisdiction to hear and determine this grievance, which contests the Employer’s decision not to interview the Grievor with respect to a job competition in an AMAPCEO bargaining unit. [2] The following facts are undisputed: 1. The Grievor holds a position in the OPSEU bargaining unit. 2. She applied for the position of Regional Training Manager in the AMAPCEO bargaining unit. 3. The Grievor was not granted an interview. [3] Based on these undisputed facts, I conclude that the Employer’s objection to my jurisdiction must succeed. The Board has no jurisdiction to make a determination under the AMAPCEO collective agreement unless the grievance is brought by AMAPCEO. An OPSEU bargaining unit member has no right to grieve a competition conducted under another collective agreement, even though it is with the same employer. It does not constitute “a difference between the parties ‘arising from the interpretation, application, administration or alleged contravention of this [OPSEU] Agreement.’” In this regard, the Grievor has no ability to complain about a breach of the AMAPCEO collective agreement. She has the same status as an external candidate. [4] The Board does not have jurisdiction to address this matter, and accordingly, the grievance must be dismissed. Dated at Toronto, Ontario this 15th day of July, 2019. “Diane L. Gee” ______________________ Diane L. Gee, Arbitrator