GSB# 2002-2052

UNION# 2002-0252-0039

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cintione)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Stephen Giles Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Rena Khan Staff Relations Officer Ministry of Community Safety and Correctional Services

HEARING

June 16, 2006.

Decision

Mr. Cintione grieved on October 16, 2002 that he had not been treated fairly with regard to a job competition. The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement.

At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter and they asked that I issue a decision without written reasons.

Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby order the Employer to accommodate Mr. Cintione in the Clerk IV Supply position on a permanent basis. I order the employer further to red-circle the grievor at his current rate of pay for six (6) months effective September 1, 2006.

Dated at Toronto this 23rd day of June, 2006