GSB #1168/93

OPSEU #93B937

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Shearer)

Grievor

• and -

The Crown in Right of Ontario

(Ministry of Community and Social Services)

Employer

BEFORE Janice Johnston Vice Chair

FOR THE Tim Banasik

GRIEVOR Grievance Officer

Ontario Public Service Employees Union

FOR THE Larry Ferguson

EMPLOYER B.D. Manship

Fred Loach

HEARING October 12, 2000.

DECISION

The grievor in this case is claiming that he was improperly denied the position of income maintenance officer. In his view, the competition was conducted in an unfair manner. The facility in which the position in question was located is no longer open, therefore it is no longer possible for the grievor to obtain the income maintenance officer job which he sought.

The parties in this case have requested that I issue a decision in an expeditious fashion. Accordingly, after having carefully considered the submissions of the parties, I hereby make the following declarations:

i) That the Ministry is to pay to the grievor as damages for pain and suffering the amount of $11,000.00 within three weeks of the date of this decision;

ii) That once the above-noted sum has been paid, the grievance shall be terminated;

In the event that the parties have any difficulties implementing this award, I shall remain seized.

Dated in Toronto this 17th day of October, 2000