GSB#2015-2003

UNION#2015-0103-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pechinger)

Union

• and -

The Crown in Right of Ontario (Ministry of Environment and Climate Change)

Employer

BEFORE

Gordon F. Luborsky

Vice-Chair

FOR THE UNION

Jesse Gutman Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Henry Huang Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 20, 2016

Decision

1The parties agree the Board has jurisdiction to deal with a grievance dated May 25, 2015 on behalf of the Grievor, Ms. Janis Pechinger, related to the Grievor’s unsuccessful application for the position of “Investigations Officer”, and to apply the procedures under article 22.16 of the collective agreement that permits the Board to decide the grievance in a summary fashion.

2The grievance states: “The Employer has violated Article 6.3, but not exclusively, of the collective agreement by not awarding [the Grievor] the position of Investigations Officer.” The recourse sought is: “To be awarded the position of Investigations Officer [and] to be made whole”. The Employer denies any violation of the collective agreement in the manner that it conducted the challenged job competition or in its outcome.

4Having reviewed the circumstances of this dispute in an expedited manner contemplated by article 22.16, and with the consent of the parties, the Board hereby orders as follows:

(a) For a period of one (1) year from today’s date, the Employer will screen the Grievor’s application in and grant the Grievor an interview for one (1) Investigations Officer (EO5) competition for which the Grievor is eligible and applies, as may be run for the Investigations and Enforcement Branch, Southwest Regional Office that is within 125 kilometers of London, Ontario.

(b) In order to implement the foregoing procedure, the Grievor is required to apply for the position in accordance with the application instructions as set out in the job posting and to notify the Regional Supervisor, Investigations and Enforcement Branch, Ministry of Environment and Climate Change of the terms of this order (including a copy of this order).

(c) The fact that the Grievor has been granted an interview is no guarantee that she will be the successful candidate for the competition, which will be determined in accordance with the provisions of the collective agreement.

5These proceedings are therefore terminated in accordance with the terms set out above.

6The Board shall remain seized to resolve any dispute between the parties respecting the interpretation, administration and/or implementation of this order.