C. G. Simmons

The grievor, a public servant, alleged that he was wrongly denied a position in the Executive Compensation Plan after his former position was abolished and he was assigned to a lower-classified position with salary protection.

The employer raised preliminary objections regarding timeliness, procedure, and the Board's jurisdiction to order an appointment to the executive level.

The Board dismissed the preliminary objections, finding the grievance timely and within its jurisdiction.

On the merits, the Board found that the grievor's former position was abolished under Section 17 of the Regulations, which only provides salary protection, rather than reclassified under Section 16, which would entitle him to the first available position at his former level.

The grievance was dismissed.

The grievor alleged she was improperly demoted when she was removed from a position in the Management Compensation Plan and placed into a bargaining unit position.

The employer argued the Public Service Grievance Board lacked jurisdiction because the grievor was now in the bargaining unit, and that the Ontario Public Service Labour Relations Tribunal should determine her status.

The Board held that it, or a Classification Rating Committee, has jurisdiction to hear the grievance because the grievor would not be permitted to pursue her grievance before the Grievance Settlement Board or the Tribunal, and the event giving rise to the grievance occurred while she was in the Management Compensation Plan.