Ontario Public Service Employees Union (Vrabel) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2013 CanLII 31965

GSB#2010-2075

UNION#2010-0135-0029

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Vrabel)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean Milloy Ministry of Government Services Centre for Employee Relations Staff Relations Advisor

HEARING

March 21, 2013.

Decision

1Ms. Carol Vrabel, who was a nurse on a fixed term contract at Windsor, grieved on October 29, 2010, that the employer breached the collective agreement when her contract was not renewed in 2010. The employer submitted that it had not violated the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby grant this grievance in part and order the employer to reinstate the grievor to a fixed term contract within 14 days of this decision. The grievor’s original start date shall remain the same. I have decided not to award any financial compensation.