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HomeMy WebLinkAbout2006-2300.Wolterbeek.08-08-07 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#2006-2300, 2006-2302 UNION#2006-0122-0008, 2006-0122-0010 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Wolterbeek et al) Grievor - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNIONStacey Zafiriadis Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYERNicholas Sapp Employee Relations Advisor Ministry of Children and Youth Services HEARINGJuly 23, 2008 2 Decision The Employer and the Union at the Bluewater Youth Centre agreed to participate in the Expedited Mediation-Arbitration process. A number of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. In accordance with the agreement of the parties, decisions dealing with those grievances that were not resolved will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. Diana Glousher and Diric Wolterbeek were Food Service Helpers at the time of the filing of the grievances. Each alleged that the Employer was ?using discriminatory practices in the food services department by being the only directly operated youth Facility in the province of Ontario having Food Service Helpers?. By way of remedy each requested ?all appropriate retroactive pay?. It is worth noting that the Employer re-classified these employees to the Cook position in April of 2007. After hearing the facts and submissions I must dismiss these grievances. Although both grievors specifically alleged Employer discrimination, in fact each grievance challenges the grievor?s classification. This Board is without jurisdiction to hear and determine grievances regarding classifications. Therefore, the grievances are denied. th Dated at Toronto, this 8 day of August, 2008. Felicity D. Briggs Vice-Chair