GSB#2012-1358, 2012-1359, 2012-1360

UNION# 2012-0205-0042, 2012-0205-0043, 2012-0205-0044

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 Attorney General)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Kathryn DuBois Ministry of Government Services Centre for Employee Relations Employee Relations Adviser

HEARING

April 10, 2013.

Decision

1Three union grievances came before the Board for mediation-arbitration pursuant to article 22.16 of the collective agreement. The parties failed to resolve the grievances through mediation. Therefore the Board determines the grievances under article 22.16 as follows.

2Each of the grievances alleges that the employer filled certain temporary assignments without posting them. There was no disagreement that under article 8.6.1 the employer is obligated to post only temporary assignments that are of greater than six months duration. It was apparent that the union either believed that the temporary assignments in question were for periods greater than six months, or was not aware of the length of the assignments.

3Disclosure by the employer during the mediation phase establishes to the Board’s satisfaction that each of the temporary assignments was for a period of less than six months. Therefore, the employer was entitled to fill them without posting.

4The union expressed frustration that there was no transparency about temporary assignments that arise or the manner in which they are filled. It felt that the only way to obtain information was by filing grievances. It also came to light during mediation that no stage two grievance meeting had taken place with regard to these grievances. That indeed is regrettable. Had the facts been disclosed during the grievance procedure, if not earlier, the parties may well have been able to resolve these grievances without appearing before the Board.

5Nevertheless, on the unchallenged evidence before it, the Board is satisfied that there was no breach of the collective agreement. Therefore, the grievances are hereby dismissed.