GSB#2008-4001, 2009-1336, 2009-1337

UNION#2009-0517-0033, 2009-0517-0090, 2009-0517-0089

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Saini)

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

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

December 11, 2014

Decision

1Mr. Steve Saini was an OAG 6 at the Toronto West Detention Centre at the time he filed the grievances on February 20, June 20, and July 20, 2009. The union alleges that the employer breached Articles 2, 3, 6 and 9 of the collective agreement as “they pertain to the posting of vacancies in the Ontario Public Service.” The union alleges further that management “constructively prevented” the grievor from advancing his career.

2These are competition grievances. In one case the grievor was not successful in getting an interview for a position at CNCC. The grievor was given an interview for a position at OCI but was unsuccessful in the competition. The grievor believes that the employer blocked his career advancement in both cases because he had previously filed a complaint to the Human Rights Tribunal, which was subsequently settled by a confidential Minutes of Settlement. The grievor retired in November 2009.

3The employer submitted that there was no evidence to support the grievor’s allegations that the employer prevented the grievor’s advancement for any improper purpose and there was no violation of the collective agreement. The employer also argued that the only evidence presented to the Board was the grievor’s feeling that his human rights complaint must have led to him not winning the competitions.

4The parties referred this grievance 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. They asked that I issue a decision without precedent or prejudice, and without written reasons.

5Having carefully considered the evidence and the submissions of the parties on the grievances, as well as the jurisprudence of the Board, I hereby deny the grievances.