HomeMy WebLinkAbout2008-2510.Cassidy.09-04-09 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2008-2510
UNION#2008-0337-0005
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, grieved on July
7, 2008 that the employer had not given him equal opportunity to advance to a
management position. In addition, the MOS provided that the grievor receive two days
of training as an OM 16 and he only received one. Thus, the union alleged that the
employer had breached Minutes of Settlement, signed October 3, 2003. The employer
submitted that the grievance was not timely and further that it is not arbitrable before the
board, as the grievor was complaining about not getting a position outside the bargaining
unit. Therefore, 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 without written reasons, in accord with the
provisions for expedited hearings under Article 22.16 of the collective agreement. 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 grievance does not allege a breach of the collective agreement
and is therefore not arbitrable. Further, as far as the grievance alleges a breach of the
MOS of 2003 it is not timely. I have decided that it would not be a proper exercise of my
discretion to extend the time limits, given the excessive delay. Thus, I hereby dismiss
this grievance.
th
Dated at Toronto this 9 day of April 2009.
Deborah J.D. Leighton, Vice-Chair