GSB# 2018-1674

UNION# 2018-0503-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pais)

Union

• and -

The Crown in Right of Ontario (Ministry of Education)

Employer

BEFORE

Kevin Banks

Arbitrator

FOR THE UNION

Andrew Mindszenthy Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Alissa Bryers Treasury Board Secretariat Employee Relations Advisor

HEARING

March 18, 2019

DECISION

1The parties have referred this matter to expedited mediation-arbitration in accordance with Article 22.16 of the Collective Agreement. The parties agree that I have jurisdiction to decide it. Under Article 22.16, where the parties are unable to resolve their differences through mediation, the arbitrator is to expeditiously issue a succinct decision without precedential value, unless the parties agree otherwise. In accordance with that protocol, the parties have requested that I issue a decision without written reasons.

2The hearing took place on March 18, 2019. I received evidence and submissions from the Union, the Grievor, and the Employer.

3The grievance alleges that the Employer was obligated by Article 11 and Appendix 13 of the Collective agreement to notify the Grievor that he might be relocated to one of two locations when it decided to relocate employees from Toronto to Hamilton and Oshawa, and to give him the option to choose to be relocated at one location or the other. The Employer says that neither provision requires it to do those things.

4Having carefully considered the evidence put before me, the submissions of the parties, and the language of the relevant provisions of the Collective Agreement, I have concluded that there was no breach of the Collective Agreement.

5Accordingly, the grievance is dismissed.