GSB#2011-3721

UNION#2012-0230-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

Peter Chauvin

Vice-Chair

FOR THE UNION

Stephen Giles Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Susan Munn Ministry of Government Services Labour Practice Group Counsel

HEARING

November 28, 2012.

Decision

1This decision repeals and replaces the decision in this matter dated November 28, 2012.

2The parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with Article 22.16 of the collective agreement, and is without prejudice or precedent.

3In March 2011 the Employer filled, as a result of a competition, a temporary vacancy. Three bargaining unit members applied for the vacancy. One applicant withdrew from the competition. The vacancy was granted to the second applicant. The third applicant was not granted the vacancy.

4In May 2011 another temporary vacancy in the same position arose. In accordance with Article 6.1.2 of the Collective Agreement the Employer placed the third applicant in that vacancy, but did not notify the Local Union President where the vacancy existed ten working days prior to filling the vacancy. In failing to give such notice, I declare that the Employer violated that notice requirement in Article 6.1.2 in these circumstances.

5This decision fully and finally resolves OPSEU Grievance No. 2012-0230-0001, which cannot be re-filed.