GSB #2007-1792

UNION# 2007-0310-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Strain)

Union

• and -

The Crown in Right of Ontario (Ministry of Community and Social Services)

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

Michael Fenrick Counsel Paliare Roland Rosenberg Rothstein LLP

FOR THE EMPLOYER

Lisa Amin Counsel Ministry of Government Services

CONFERENCE CALL

January 25, 2010

Decision

1This matter is scheduled for hearing on February 1, 2010. The parties have sought the direction of the Board as to who should be given notice of the proceedings.

2I am told that the matter will proceed by way of Agreed Statement of Fact. Broadly speaking, and for purposes only of considering the breadth of notice, the facts are that a job was posted in the employer’s Barrie office in which the Grievor was interested. The posting was for a twelve month period. The job posting was discontinued before ten days had elapsed because two employees arranged a job swap between them, under other provisions of the Collective Agreement, and the Employer agreed to the job swap.

3There were two other applicants for the Job Posting. None of them grieved.

4At this stage, the grievor’s claim is limited to travel costs, since the job posted, had it gone forward, was for a period that has expired.

5Accordingly, there is no job to post; there is no incumbent with an interest to protect and no possible displacement of any other employees. Further, none of the other applicants grieved the removal of the Job Posting.

6In my view, there is no requirement to give notice to the other applicants or to the employees engaged in the job swap.