GSB#2008-1056, 2008-1057, 2008-1058, 2008-1059, 2008-1060, 2008-1061, 2008-1063, 2008-1064, 2008-1065, 2008-1066, 2008-1067, 2008-1068, 2008-1069, 2008-1071
UNION#2008-0542-0009, 2008-0542-0010, 2008-0542-0011, 2008-0542-0012,
2008-0542-0013,2008-0542-0014, 2008-0542-0016, 2008-0542-0017, 2008-0542-0018,
2008-0542-0019, 2008-0542-0020, 2008-0542-0021, 2008-0542-0022, 2008-0542-0024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Trott et al)
Union
- and -
The Crown in Right of Ontario (Ministry of Community and Social Services)
Employer
BEFORE
Reva Devins
Vice-Chair
FOR THE UNION
Peggy Smith, Peggy E. Smith Law Offices Barristers and Solicitors
FOR THE EMPLOYER
Lisa Amin Ministry of Government Services Counsel
HEARING
October 21, 2009.
Decision(2)
1The parties agreed that these matters would proceed as a mediation/arbitration under Article 22.16 of the collective agreement and that the decision will be without prejudice or precedent.
2The facts in this matter are not in dispute. The parties agree that the Employer filled a position for an Intake Worker in the Family Responsibilities Office (FRO) without holding a competition. The parties also agree that, pursuant to the requirements of the Collective Agreement, the job should have been posted.
3Having heard the submissions of the parties, the grievances are allowed and I Order;
A vacancy for an Intake Worker with FRO, at the OAG 8 classification, will be posted within the next twelve (12) months. The posting will be restricted to employees of FRO who have permanent home positions at the OAG 4 classification;
If one of the grievors is successful and is awarded the position, they will receive full back pay from October 21, 2009 to the date they commence in the position.
4I will remain seized in the event that an issue arises with respect to the implementation of this Award.
Dated at Toronto this 23rd day of October 2009.