HomeMy WebLinkAbout2019-2136.Hoover et al.20-01-22 Decision
Crown 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# 2019-2136
UNION# 2019-0234-0271
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hoover et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 21, 2020
- 2 -
Decision
[1] The Employer and the Union at the Vanier Centre for Women agreed to
participate in mediation-arbitration in accordance with the Local Mediation-
Arbitration Protocol that has been negotiated by the parties. Should mediation not
result in resolution of a grievance, pursuant to the Protocol, they have agreed to a
mediation-arbitration process by which each party provides the Arbitrator with
their submissions setting out their respective facts and the authorities they may be
relying upon. This decision is issued in accordance with the Protocol and with
Article 22.16 of the collective agreement, so that it is without precedent or
prejudice to any other matters between the parties, and is issued without written
reasons.
[2] Carolyn Hoover and a group of other Correctional Officers filed a grievance dated
October 16, 2019 claiming that the Employer improperly filled a posting for a
Segregation Sergeant, Management Level 07(MCP) at the Vanier Centre for
Women. The remedy sought is the reposting of the Expression of Interest (“EOI”),
and that all staff and current Operational Managers be given fair and transparent
opportunities to apply for the position.
[3] In particular, the grievance asserts that an EOI was posted for a Segregation
Sergeant, Management Level 07(MCP) with a closing date of August 22, 2019.
On September 23, 2019 the successful applicant for the position of “Segregation
Coordinator” was announced, despite the EOI having been for a “Segregation
Sergeant”. The grievance alleges that had the EOI been properly posted and sent
out to all staff, other qualified individuals would have applied for the position.
Instead, the grievance asserts, the Employer has placed an untrained and
unqualified person in this supervisory role within Operations, in violation of the
Occupational Health and Safety Act.
[4] Having considered the submissions of the parties, I find that I am without
jurisdiction to address this grievance. An arbitrator only has the jurisdiction to
address and decide on issues that arise out of the terms of the collective
agreement. The collective agreement between OPSEU and the Employer only
addresses the terms and conditions of employment for bargaining unit members,
not for management. As such, I have no authority to consider any issue that may
arise in the manner in which the Employer posts or fills a position that is outside
the bargaining unit, as is the case in this instance.
[5] For the reason outlined above, this grievance is dismissed.
Dated at Toronto, Ontario this 22nd day of January, 2020.
“Gail Misra”
Gail Misra, Arbitrator