HomeMy WebLinkAbout2019-2467.Gray et al.21-05-19 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# 2019-2467
UNION# 2019-0506-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gray et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Tranportation) Employer
BEFORE Diane Gee Arbitrator
FOR THE UNION Georgina Watts
Morrison Watts
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING DATE January 18, 2021 and May 18, 2021
- 2 -
DECISION
[1] By way of decision dated February 26, 2021, the Board determined it had
jurisdiction with respect to a portion of this grievance referred to as “survey
stops” provided it is clear and unambiguous that the Employer’s directions in
fact require the Transport Enforcement Officers to perform functions that result
in a violation of the Highway Traffic Act R.S.O. 1990, c. H.8 (the “HTA”) or
section 9 of the Constitution Act, 1982, Schedule B to the Canada Act 1982
(UK), 1982, c.11 (the “Charter”).
[2] On May 18, 2021, a hearing was convened at which the Union was called upon
to provide evidence, such as a prior decision directly on point, that the survey
stops are a violation of the HTA or section 9 of the Charter. The Union advised
that it was not able to locate a decision in which such a finding had been made.
The Employer moved, having regard to the Board’s decision of February 26,
2021, that the “survey stops” portion of the grievance be dismissed on the basis
the Board lacked jurisdiction.
[3] Having regard to the Union’s inability to establish the survey stops are clearly
and unambiguously a violation of the HTA or section 9 of the Charter, the
Employer’s motion, that the survey stops portion of the grievance be dismissed
on the basis the Board lacks jurisdiction, is hereby granted.
Dated at Toronto, Ontario, this 19th day of May, 2021.
“Diane Gee”
_______________________
Diane Gee, Arbitrator