GSB# 2017-1844

UNION# 2017-0701-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ellis)

Union

• and -

The Crown in Right of Ontario (Ministry of Tourism, Culture and Sport)

Employer

BEFORE

Diane Gee

Arbitrator

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 28, 2018

DECISION

1This matter is a grievance alleging the grievor was improperly laid-off/terminated from the position of Maintenance Mechanic. The grievance indicates that the grievor was "not recalled as per 32.5.1.2 and any other specific article that applies."

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. This is a matter to which article 22.16.2 applies. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. The facts of the matter were not in dispute and there was no need for me to hear oral evidence. The parties made submissions as to the meaning of the applicable collective agreement language.

3In accord with the policy of the parties for expedited hearings under Article 22.16 no reasons are being provided and this decision is without precedent or prejudice.

4Having carefully considered the submissions of the parties, I hereby deny this grievance.