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HomeMy WebLinkAbout2008-0115.Da Silva.09-10-20 Decision Commission de Commission de Crown Employeess Grievance Settlement Grievance Settlement règlement des griefs règlement des griefs BoardBoard des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB#2008-0115 GSB#2008-0115 UNION#2008-0369-0096UNION#2008-0369-0096 IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union èÏÔÎÏ (Da Silva) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Deborah J.D. Leighton FOR THE UNION Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Karen Martin Ministry of Community Safety and Correctional Services Staff Relations Officer HEARINGDecember 4, 2008. SUBMISSIONSFebruary 23 and March 2, 2009. - 2 - DECISION [1]Ms. Diodete Da Silva, an unclassified correctional officer, grieved on February 26, 2008 that she ?was denied the opportunity to apply for the posted competition CS 5017-2007? which closed on June 11, 2007. She alleges further that the employer deliberately delayed her transfer to CNCC from North Bay Jail so she could not apply to this competition. The employer submitted that there has been no breach of the collective agreement. The grievor was an unclassified Records Clerk at North Bay Jail when she asked for the transfer. There was no records clerk position to transfer to at CNCC at the time. In April 2007 she was offered a conversion to a classified position as a Records Clerk, or an unclassified CO contract. She chose the unclassified CO contract and the employer placed her on the transfer list in June 2007. [2] The parties referred these grievances 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 and they asked that I issue a decision without written reasons and without precedent or prejudice to any subsequent cases before the Board. [3] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that there has been no violation of the collective agreement and I hereby dismiss this grievance. - 3 - th Dated at Toronto this 20 day of October 2009. Deborah J.D. Leighton, Vice-Chair