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HomeMy WebLinkAbout2017-1423.Beale.20-03-13 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# 2017-1423; 2017-1424; 2017-1425; 2017-1531 UNION# 2017-0229-0015; 2017-0229-0016; 2017-0229-0017; 2017-0229-0020 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Beale) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE D.J.D. Leighton Arbitrator FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Laura McDonald Treasury Board Secretariat Employee Relations Advisor HEARING January 9, 2020 -2- DECISION [1] Ms. Susan Beale, a Social Worker Supervisor, at Ontario Correctional Institute, filed four grievances from May 10 to August 11, 2017, alleging, essentially, that a job competition for a management position was flawed and unfair. She seeks an order that the employer put her into the management position in question or to rerun the competition. [2] The employer takes the position that this Board has no jurisdiction to hear a complaint about a management job competition. The ministry seeks a ruling on a preliminary motion to dismiss the grievances for lack of jurisdiction, relying on longstanding decisions of the board that have held that a bargaining unit member cannot grieve a competition for a management position at the Grievance Settlement Board. [3] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [4] Having carefully considered the evidence put before me, including documents submitted by the union, the submissions of the parties, as well as the jurisprudence of the Board, I hereby grant the employer’s motion to dismiss the grievances for lack of jurisdiction. The grievances are hereby dismissed. Dated at Toronto, Ontario this 13th day of March, 2020. “D.J.D. Leighton” ________________________ D.J.D. Leighton, Arbitrator