GSB# 2006-0714

UNION# 2006-0716-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Alviani)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Owen V. Gray

Vice-Chair

FOR THE UNION

Mark Barclay Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Ryan Conacher Counsel Ministry of Government and Consumer Services

HEARING

Written submissions and teleconference February 6, 2008.

Decision

1The employer objects that this grievance is inarbitrable. The parties agreed that the Board would deal with this preliminary objection on the basis of written submissions. Following delivery of the union’s submissions, a telephone conference was scheduled in order to expeditiously clarify the parties’ positions.

2The union states that in this grievance the grievor complains that the employer posted and filled a Senior Operations Officer position for which she applied without interviewing her for the position. She alleges that in doing so the employer breached Articles 2 and 6 of the union’s collective agreement with the employer. The union states that there is no allegation that the conduct complained of amounted to discrimination on any basis prohibited by any statute or by the collective agreement.

3Article 6 of the union’s collective agreement with the employer applies to the posting and filling of positions that fall within the bargaining unit covered by that agreement. The union acknowledges that the Senior Operations Officer position in issue here does not fall within that bargaining unit. Accordingly, the employer conduct complained of could not amount to a breach of Article 6.

4The union does not dispute the employer’s position that in the circumstances of this case the employer had no express or implied collective agreement obligation to the grievor with respect to the filling of the position in issue.

5Accordingly, this grievance does not raise an arbitrable issue and is hereby dismissed.