GSB# 2003-3486, 2005-0411, 2006-0883, 2006-0884
UNION# 2003-0119-0013, 2003-0119-0020, 2003-0119-0022, 2003-0119-0023
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 et al.)
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 these grievances to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievances were filed in 2003 and involve the opportunity to work additional shifts as acting operational managers at the Stratford Jail. The Grievors are seeking the compensation for the missed overtime opportunities.
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 grievances the grievors were in management positions. 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 these grievances which are accordingly dismissed.
Dated at Toronto, Ontario, this 17th day of July 2006.