GSB#2016-1110

UNION#2016-0234-0148

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Raji)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

January 18, 2017

Decision

1Ms. Riskat Raji, a Nurse 2 at the Vanier Centre for Women, filed a grievance on July 30, 2016, alleging that the employer, inter alia, breached Articles 2, 3 and 7 of the collective agreement, by not paying her at level nine (9) of the pay grid. She seeks full redress. The employer submitted that there was no violation of 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 the grievance in part and order the employer to adjust the employee’s record forthwith to reflect that she is paid at level nine (9) of the pay grid, retroactively to 20 days before her grievance was filed in July, and compensate her accordingly.