GSB# 2003-2259

UNION# 2003-0701-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Granholm)

Union

• and -

The Crown in Right of Ontario (Ministry of Tourism)

Employer

BEFORE

Ken Petryshen

Vice-Chair

FOR THE UNION

Jim Gilbert Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Sean Kearney Counsel Management Board Secretariat

WRITTEN SUBMISSIONS COMPLETED

September 9, 2005.

Decision

By way of written submissions, the parties addressed the issue of whether Mr. J. Hickin is entitled to third party notice of a hearing scheduled to continue on September 19, 2005, in Thunder Bay. I have reviewed and considered the written submissions and the authorities filed by the representatives of the parties. Given that I received the last of the written submissions on September 9, 2005, and that the continuation of the hearing is next week, I will only provide what is essentially a "bottom line" decision at this time.

Mr. Hickin was the successful applicant in a competition for a Maintenance Mechanic position. Mr. K. Granholm, the grievor, applied for this position, but was screened out before the interview stage. In a grievance dated April 17, 2003, Mr. Granholm claims that the Employer contravened an earlier settlement between the parties in which the Employer agreed as part of the settlement to interview him for the Maintenance Mechanic position. As an initial remedy, the Union is seeking an order requiring the Employer to interview Mr. Granholm. In my view, there is little doubt that the Union seeks a process which is ultimately designed to secure the Maintenance Mechanic position for Mr. Granholm, thereby affecting the rights of Mr. Hickin under the Collective Agreement.

It is my conclusion that Mr. Hickin is entitled to third party notice in the circumstances. I assume that the Employer will give Mr. Hickin notice of the hearing in the usual form.

Dated at Toronto, this 14th day of September, 2005.