GSB#2017-3281

UNION#2017-0446-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Nadeau)

Union

• and -

The Crown in Right of Ontario (The Ministry of Transportation)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Janet Sinclair Treasury Board Secretariat Team Lead, Employee Relations Advisory Services

HEARING

July 27, 2018

Decision

1This is a grievance alleging the grievor was, among other things, improperly denied compensation for the use of his personal cell phone for work activities. The grievance indicates the employer exercised its management’s rights unfairly.

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 applies and the parties agree that I have jurisdiction to deal with this matter. There was little, if any, dispute about the facts and it was accordingly not necessary for me to hear oral evidence. The parties made submissions about whether the facts justified the relief claimed.

3In accordance with the policy of the parties for expedited hearings under Article 22.16 no written 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.