GSB #2936/96
OPSEU #97A079
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kadir)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Environment) Employer
BEFORE Daniel Harris Vice Chair
FOR THE Don Martin
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Mr. John Miles
EMPLOYER Labour Relations Officer
Ministry of Environment
HEARING October 3, 2000. DECISION
In this matter the grievor, Ms. G. Kadir, grieves that she was improperly placed in an OAG 3 position when she was declared surplus from her OAG 6 position with the Ministry of the Environment Approvals Branch. By way of relief, she asked to be placed in an OAG 6 position.
At the time of the surplusing, the employer did not consider her for an OAG 6 position with the Ontario Clean Water Agency because the position in question was a “threatened position”. That is, it was to be eliminated in the near future. The employer’s practice of withholding threatened jobs was subsequently abandoned [see: OPSEU (Union Grievance) and Ministry of Transportation and Management Board Secretariat, 2670/96 (Roberts) and OPSEU (Gotera et al) and Ministry of Health, 1476/97 et al (Gray)].
As a result, and after reviewing the facts of this case, the employer takes the position that the grievor ought to have displaced into the OAG 6 position with the Ontario Clean Water Agency. The union does not disagree with that position. The grievor has identified a different, more favourable bump as more desirable. However, that position could not have been made available to the grievor in view of the requirements of the displacement process.
The grievance is allowed to the extent that the Board declares that the grievor was required and entitled to displace into the OAG 6 Administrative Secretary position at the Ontario Clean Water Agency. The employer is ordered to pay the grievor the sum of $2,267.23 less statutory deductions, being her lost wages and benefits.
DATED at Toronto this 4th day of October, 2000.