Loading...
HomeMy WebLinkAbout2018-2461.Brown et al.19-12-10 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# 2018-2461; 2018-2462; 2018-2463; 2018-2464; 2018-2465; 2018-2466; 2018-2467; 2018-2468 2018-2644; 2018- 2693; 2018-2694; 2018-2695; 2018-2696; 2018-2697; 2018-2698; 2018-2699; 2018-2700; 2018-2701; 2018-2702; 2018-2703; 2018- 2704; 2018-2705; 2018-2706; 2018-2707; 2018-2866; 2018-2867; 2018-2868 2018-2869; 2018-2903; 2018-2904; 2018-2905; 2018- 2906; 2018-2907; 2018-2908; 2018-2909; 2018-2910; 2018-2911; 2018-2912; 2018-2913; 2018-2914; 2018-2915; 2018-2916; 2018- 2917; 2018-2918; 2018-2941; 2018-2942; 2018-2943; 2018-2944; 2018-2945; 2018-2946; 2018-2947; 2018-2948; 2018-2949; 2018-3064; 2018-3065; 2019-0058; 2019-0793 UNION# 2018-0630-0014; 2018-0630-0015; 2018-0630-0016; 2018-0630-0017; 2018-0630-0018; 2018-0630-0019; 2018-0630-0020; 2018-0630-0021; 2018-0205-0034; 2018-0205-0035; 2018-0205-0036; 2018-0205-0037; 2018-0205-0038; 2018-0205-0039; 2018- 0205-0040; 2018-0205-0041; 2018-0205-0042; 2018-0205-0043; 2018-0634-0024; 2018-0701-0031; 2018-0701-0032; 2018-0701- 0033; 2018-0701-0034; 2018-0701-0035; 2018-0446-0023; 2018-0446-0024; 2018-0446-0025; 2018-0446-0026; 2018-0446-0027; 2018-0446-0028; 2018-0446-0029; 2018-0446-0030; 2018-0446-0031; 2018-0446-0032; 2018-0446-0033; 2018-0446-0034; 2018- 0446-0035; 2018-0446-0036; 2018-0446-0037; 2018-0432-0011; 2018-0432-0012; 2018-0432-0013; 2018-0432-0014; 2018-0446- 0038; 2018-0649-0028; 2018-0649-0029; 2018-0649-0030; 2018-0649-0031; 2018-0102-0027; 2018-0102-0028; 2018-0102-0029; 2018-0102-0030; 2018-0102-0031; 2018-0585-0024; 2018-0585-0025; 2018-0205-0047; 2018-0546-0033 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Brown et al) Union - and - The Crown in Right of Ontario (Ministry of Labour, Training and Skills Development) Employer BEFORE Diane L. Gee Arbitrator FOR THE UNION Seung Chi (Grievance Officer) Ontario Public Service Employees Union FOR THE EMPLOYER Henry Huang (Counsel) Treasury Board Secretariat Legal Services Branch HEARING December 3, 2019 -2- DECISION [1] These matters are grievances filed by Occupational Health and Safety (“OHSA”) and Employment Standards Inspectors who work in the Ministry of Labour. The grievances allege the Employer is in violation of articles 2, 3 and 16 of the Collective Agreement by placing newly hired Inspectors at Step 4 of the salary scale instead of at Step 1. The Union provided particulars to the Employer following which the Employer advised it intended to bring a motion to have the grievances dismissed on the basis that the Board lacks jurisdiction and, in the alternative, the particulars do not make out a prima facie case. The motion was heard on December 3, 2019. This decision does not determine the outcome of that motion. Rather, it directs the filing of further submissions by the Union as set out in paragraph 8 below. [2] Inspectors are hired into a geographic area and a specialty area. For the purposes of this decision all that is relevant is that there are Inspectors who work in the Central East Region (“CER”) and Inspectors who work in other Regions of the Province and, further, Inspectors are hired into specialty areas that include: Construction OHSA; Industrial OHSA; and Employment Standards. [3] In August 2018 the Employer hired 22 Inspectors. The Inspectors hired to work in the CER as a construction OHSA Inspector (“New Construction CER Inspectors”) were started at Step 4 of the salary scale. All of the inspectors hired to work outside of CER, or hired as Industrial OHSA and Employment Standards Inspectors within CER (“New Non-Construction CER Inspectors”), were started at Step 1. [4] The instant grievances were filed by Inspectors who the Union has identified as falling into the following four groups: A. Group 1 – Construction and Industrial Inspectors who were at or above Step 4 when they filed the grievances. B. Group 2 – Construction OHSA Inspectors who were at Step 2 or 3 and worked in CER when they filed the grievance. C. Group 3 – Construction OHSA Inspectors, Industrial OHSA Inspectors; and Employment Standards Inspectors who were at Step 2 or 3 and worked at other regional offices when they filed the grievance. D. Group 4 – Construction OHSA Inspectors hired in 2018 and placed at Step 1 (the New Non-Construction CER Inspectors). [5] The grievors in this matter do not represent all Inspectors in the Province. There are approximately 400 Inspectors in the positions in question and there are approximately 100 grievors. -3- [6] At the end of the parties’ submissions on December 3, 2019, the Board asked the Union what it was seeking by way of remedy. The Union advised it seeks an order that the grievors all be placed at Step 4. [7] Having considered the nature of the remedy the Union is seeking in this matter the Board is very doubtful that the remedy sought is within its jurisdiction to grant. The remedy sought by the Union would require the Board to order the Employer to move Inspectors up the salary scale in a fashion other than as provided for in the collective agreement. Such an Order would constitute an amendment to the collective agreement contrary to Article 22.14.6. The Board is further concerned that such a remedy would not be granted as it would grossly aggravate the very issue underlying the grievance; an inspector’s rate of pay would vary depending on whether they filed a grievance or not as opposed to on the basis of fairness and equity. A poor labour relations result for all. [8] The Union is hereby directed to file submissions with the Board, copied to the Employer, responding to the Board’s concerns set out in paragraph 7. Such submissions are to be filed no later than December 17, 2019. Following a review of such submissions, the Employer will be advised if a response is required. Dated at Toronto, Ontario this 10th day of December, 2019. “Diane L. Gee” _________________________ Diane L. Gee, Arbitrator