GSB#2008-2908

UNION#2008-0580-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Nucci)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Michael Lynk

Vice-Chair

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Susan Munn Ministry of Government Services Labour Practice Group Counsel

CONFERENCE CALL

June 15, 2011.

Decision

1The parties had entered into a Memorandum of Settlement, dated 18 September 2009, which settled the grievance filed on behalf of Antonella Nucci (GSB# 2008-2908). Under the terms of the settlement, I remained seized with respect to any issues that might arise regarding the implementation of this settlement.

2By telephone conference held on 15 June 2011, I heard arguments with respect to a motion by the Employer pertaining to the interpretation of the phrase “a vacant position” in the Memorandum of Settlement. After careful consideration of the arguments made by both sides with respect to the motion, I am persuaded by the Employer’s argument, and I have decided to allow its motion.

3This ruling is without precedent or prejudice with respect to the interpretation of any relevant provisions in the governing collective agreement.