HomeMy WebLinkAbout2007-1792.Strain.10-01-28 Decision
en.n EiJJpIo)II!es
Grievance Settlement
Board
smte mo
180 IJlndas 5t WesI
TCJRJrm. QBiD IofiG 1ZB
Tel (4-16) 326-1388
Fax (4-16) 326-1396
Commission de
riglement des griefs
des~dela
CoIfinJe
~
Ibeau mo
180. rue IJlndas Ouest
T CJRJrm (OnIario) M5G 1ZB
Tel: (4-16) 326-1388
T~ : (4-16) 326-1396
Ontario
GSB #2007-1792
UNION# 2007-0310-0032
IN THE MATIER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COlLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
CONFERENCE CALL
Before
THE GRIEVANCE SETILEMENT BOARD
Ontario Public Service Employees Union
(StIain)
- aad -
The Crown in Right of Ontario
(MinisUy ofCommnnity and Social Services)
Daniel Hanis
Michael Femick:
Counsel
Paliare Roland Rosenberg Ro1bstein LLP
Lisa Amin
Counsel
Minis1Iy of Government Services
January 25~ 2010
limon
Employer
Vtre-Chair
Decision
[1] This matter is sc.hP.dnled fOl" hearing on February 1~ 2010_ The parti~ have sought the
direction of1he Board as to who should be given notice of the pmceedings.
[2] I am told 1hat 1he ma:tter will proceed by way of Agreed StatemP.nt of Fact Broadly
5pP.'Im.e. and :fm- purposes only of considering 1he breadth of notice~ the facts are 1hat a
job was posted in the employer~s Barrie office in which the GrievOl" was interested The
posting was for a twelve moo.1h period The job posting was discontinued before ten days
had elapsed beamse two employees arranged a job swap between 1hem, under- od1er
provisions of 1he Collective Agreement, and 1he Employer agreed to 1he job swap_
[3] There were two od1er applicants for the Job Posting. None of1hem grieved
[4] At 1bis ~ the grievors claim is limited to travel costs~ since the job posted, had it
gone forward, was:fm- a period that has expired
[5] AccoIdingly~ there is no job to post; there is JH) incumbent wi1h an iutac.1: to protect and
JH) possible displacement of any odrer employees.. Fm1her~ none of the od1er applicants
grieved 1he removal of 1he Job Posting.
[6] In my view ~ 1here is no requirement to give JH)bce to 1he other applicants 01" to the
employees engaged in the job swap.
Dated at Toronto 1bis 'JEh day of Janumy 2010_