GSB#2014-3642

UNION#2014-0411-0029

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cayer et al)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Scott Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

June 14, 2016

Decision

1The Employer and the Union at the Ottawa Carleton Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Mr. Michel Cayer filed a group grievance on his own behalf and for other MM2 employees working in the maintenance department at OCDC. The grievance contended “that we have been performing MM3 work since 2008 as per the job description. We believe that we should be getting paid as MM3s”.

3The Union raised a number of duties and responsibilities that the grievors relied upon in defence of the grievance. The Employer contended that this Board is without jurisdiction to hear and determine this matter because classification grievances are inarbitrable.

4I must agree with the Employer. I am without the jurisdiction to adjudicate this matter. The grievance must be dismissed.