GSB# 2018-2864

UNION# 2018-0102-0026

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mussart)

Union

• and -

The Crown in Right of Ontario (Ministry of Health)

Employer

BEFORE

Diane L. Gee

Arbitrator

FOR THE UNION

Alex Zamfir Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Shiran Brener Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 4, 2019

DECISION

1This matter arises under Article 22.16 of the parties’ collective agreement. The Employer has raised a preliminary objection to the Board’s jurisdiction to hear and determine this grievance, which contests the Employer’s decision not to interview the Grievor with respect to a job competition in an AMAPCEO bargaining unit.

2The following facts are undisputed:

1. The Grievor holds a position in the OPSEU bargaining unit.
2. She applied for the position of Regional Training Manager in the AMAPCEO bargaining unit.
3. The Grievor was not granted an interview.

3Based on these undisputed facts, I conclude that the Employer’s objection to my jurisdiction must succeed. The Board has no jurisdiction to make a determination under the AMAPCEO collective agreement unless the grievance is brought by AMAPCEO. An OPSEU bargaining unit member has no right to grieve a competition conducted under another collective agreement, even though it is with the same employer. It does not constitute “a difference between the parties ‘arising from the interpretation, application, administration or alleged contravention of this [OPSEU] Agreement.’” In this regard, the Grievor has no ability to complain about a breach of the AMAPCEO collective agreement. She has the same status as an external candidate.

4The Board does not have jurisdiction to address this matter, and accordingly, the grievance must be dismissed.