GSB#2011-2110

UNION#2011-0649-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bartlett)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources)

Employer

BEFORE

Peter Chauvin

Vice-Chair

FOR THE UNION

Mark Barclay Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Kevin Dorgan Ministry of Government Services Labour Practice Group Counsel

HEARING

April 29, 2013.

Decision

1The 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. The parties requested that I render a “bottom line” Decision, which does not provide reasons for the conclusion. This Decision is issued in accordance with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The parties agreed upon a Statement of Facts, which includes the following. In 2011 Robert Bartlett (“the Grievor”) was a seasonal employee in the position of Operational Technician/Park Warden (Resource Technician 2 or “RT2” classification) at Kettle Lakes Provincial Park, near Timmins.

3Kettle Lakes Provincial Park is part of the Cochrane Cluster of Ontario Parks operated by the Ministry of Natural Resources (“MNR” or the “Employer”). In 2011, there were four operating Provincial Parks within the Cochrane Cluster of Ontario Parks: Kettle Lakes, Greenwater, Esker Lakes and Tidewater.

4For the 2011 season, Jacob Daniher, the Senior Operations Technician (Resource Technician 3 or “RT3” classification) at Esker Lakes Provincial Park, took a leave from this position to work in a management position. Mr. Daniher’s contract in the Senior Operations Technician position was from May 2 to September 16, 2011.

5The Employer temporarily assigned two employees on a series of consecutive contracts to the Senior Operations Technician position at Esker Lakes Provincial Park that Mr. Daniher had vacated. In each instance the temporary assignment was paid at the RT2 classification salary level as an Operations Technician. The total duration of the consecutive temporary assignments was approximately 4.5 months, from May 2 to September 16, 2011, for a total of 20 weeks.

6From May 2 to June 20, 2011 Chris Waslyk, an Operations Technician (RT2 classification) at Greenwater Provincial Park, worked in the position as a temporary assignment.

7From June 20 to July 31, 2011 Mr. Waslyk worked in a temporary assignment in the position of Bear Technician (RT3 classification) in the Cochrane District of MNR because the incumbent of that Bear Technician (RT3 classification) position was on a medical leave during this 6-week period from June 20 to July 31, 2011.

8Accordingly, from June 20 to July 31, 2011 Ashley Todd, an Assistant Park Clerk/Natural Heritage Educator (Office Administrator 04 classification) at Esker Lakes Provincial Park, worked in a temporary assignment in the Operations Technician position at Esker Lakes Provincial Park from June 20 to July 31, 2011.

9From July 31 to September 16, 2011, Mr. Waslyk returned to the temporary assignment in the Operations Technician position at Esker Lakes Provincial Park.

10As stated above, the total duration of the consecutive temporary assignments was approximately 4.5 months, from May 2 to September 16, 2011.

11The Grievor has more seniority than Mr. Waslyk and Ms. Todd.

12On May 11, 2011, the Grievor filed a grievance which alleges a violation primarily of Articles 2, 3, 6.1.1, 6.3 and 32.4.1.

13Having considered the facts of this case, the submissions of the parties, and the case law put before me, I do not find that there is any violation of the collective agreement. Accordingly, the grievance is dismissed.

14This decision fully and finally resolves OPSEU Grievance No. 2011-0649-0004, which cannot be re-filed. This Decision is issued in accordance with Article 22.16 of the collective agreement, and is without prejudice or precedent.