Ontario Public Service Employees Union (Da Silva) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66577

GSB#2008-0115

UNION#2008-0369-0096

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Da Silva)

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

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING SUBMISSIONS

December 4, 2008. February 23 and March 2, 2009.

DECISION

1Ms. Diodete Da Silva, an unclassified correctional officer, grieved on February 26, 2008 that she “was denied the opportunity to apply for the posted competition CS 5017-2007” which closed on June 11, 2007. She alleges further that the employer deliberately delayed her transfer to CNCC from North Bay Jail so she could not apply to this competition. The employer submitted that there has been no breach of the collective agreement. The grievor was an unclassified Records Clerk at North Bay Jail when she asked for the transfer. There was no records clerk position to transfer to at CNCC at the time. In April 2007 she was offered a conversion to a classified position as a Records Clerk, or an unclassified CO contract. She chose the unclassified CO contract and the employer placed her on the transfer list in June 2007.

2The parties referred these grievances 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 and without precedent or prejudice to any subsequent cases before the Board.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that there has been no violation of the collective agreement and I hereby dismiss this grievance.