GSB# 2003-1651
UNION# 2003-0119-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Snow)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
M. Brian Keller
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Pauline Jones Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
July 12, 2006.
Decision
The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievance was filed in 2003 and involves a job competition for a Temporary Acting Operations Management position, and the subsequent cancellation of the assignment. The Grievor is seeking re-appointment to the position.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this matter, and requested that I issue a decision, without reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I find as follows:
At the time of the grievance the grievor was in a management position. A management position is outside the bargaining unit. The jurisdiction of the Board does not extend to employees in management positions. Consequently, the Board does not have the requisite jurisdiction to deal with this grievance which is accordingly dismissed.
Dated at Toronto, Ontario, this 17th day of July 2006.