GSB#2011-3097, 2011-3098, 2011-3099, 2011-3100

UNION#2011-0453-0001, 2011-0453-0002, 2011-0453-0003, 2011-0453-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Charbonneau et al)

Union

• and -

The Crown in Right of Ontario (St. Lawrence Parks Commission)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Peggy Smith Peggy E. Smith Law Office Barristers and Solicitors Counsel

FOR THE EMPLOYER

Peter Dailleboust Ministry of Government Services Labour Practice Group Counsel

SUBMISSIONS

July 17, 2012.

Decision

1The Board is seized with grievances filed by Ms. Brittney Charbonneau, Ms. Kelly Crites, Ms. Chelsey Schell and Mr. Andrew Tulett. The grievances were scheduled for arbitration on July 16, 2012.

2In advance of the hearing date the employer served notice on the union that at the hearing it would be making a motion to the effect that the Board was without jurisdiction to deal with the grievances. In the circumstances, the scheduled hearing was adjourned on agreement of the parties.

3Subsequently, on agreement the parties submitted to the Board the relevant facts and material and requested that the jurisdictional issue be determined on the basis of those submissions. The parties had agreed that in the event the grievances are dismissed, the employer would provide each grievor with a letter of employment.

4Having regard to the facts and the material, the Board concludes that the grievances before it are inarbitrable and it has no jurisdiction to deal with them. In the result, the four grievances are hereby dismissed.