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HomeMy WebLinkAbout2008-2508.Cassidy.09-04-09 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#2008-2508, 2008-2509 UNION#2008-0337-0003, 2008-0337-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Cassidy) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREVice-Chair Deborah J.D. Leighton FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Nicholas Sapp Ministry of Children and Youth Services Employee Relations Advisor HEARING March 26, 2009. 2 Decision [1]Mr. Dale Cassidy, a Youth Services Officer at Brookside Youth Centre, filed two grievances on April 28, 2008 alleging that the competition for a Defensive Tactic Instructor position was flawed and that as an UMAB Instructor he should have been given the defensive tactic training and awarded the voluntary training position. The employer took the position that the grievances were not arbitrable under Article 6, as the position is voluntary and thus, there has been no breach of the collective agreement. [2]At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter and they asked that I issue a decision that is without written reasons, in accord with the provisions for expedited hearings under Article 22.16 of the collective agreement between the parties. The parties agree that this decision is without prejudice or precedent to any matters in the future. [3]Having carefully considered the submissions of the parties, and the jurisprudence of the Board, I must conclude the grievances do not allege a breach of the collective agreement and are therefore not arbitrable. Thus, I hereby dismiss these grievances. th Dated at Toronto this 9 day of April 2009. Deborah J.D. Leighton, Vice-Chair