Ontario Public Service Employees Union (Gregory) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2012 CanLII 83471

GSB#2011-0766

UNION#2011-0234-0064

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Gregory)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Swey Vishwanath Ministry of Government Services Centre for Employee Relations Staff Relations Officer

HEARING

December 12, 2012.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the 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 the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievance relates to the service credit attributed to the grievor at the time of her hiring in 2006. The grievor had worked previously for the Ministry but terminated that employment and did not return for a period of several years. She was hired in 2006 at the Step 3 level. In 2007 she filed a grievance alleging that she had not been given proper credit at the time of hiring. She withdrew that grievance but filed a subsequent grievance on the same matter in 2011 based on her understanding that other employees in a similar position to her had been credited more service upon being hired.

3The employer takes the position that the grievance does not involve a breach of the collective agreement, in that the severance of the grievor’s employment prior to 2006 meant she had no collective agreement rights to service credits. Given this, the decision with respect to her service credits was an exercise of management discretion wholly beyond the ambit of the collective agreement and, thus, outside the jurisdiction of a vice-chair to alter in any way.

4After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.