GSB# 2019-2136

UNION# 2019-0234-0271

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hoover et al)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Gail Misra

Arbitrator

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

David Marincola Treasury Board Secretariat Employee Relations Advisor

HEARING

January 21, 2020

Decision

1The Employer and the Union at the Vanier Centre for Women agreed to participate in mediation-arbitration in accordance with the Local Mediation-Arbitration Protocol that has been negotiated by the parties. Should mediation not result in resolution of a grievance, pursuant to the Protocol, they have agreed to a mediation-arbitration process by which each party provides the Arbitrator with their submissions setting out their respective facts and the authorities they may be relying upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, so that it is without precedent or prejudice to any other matters between the parties, and is issued without written reasons.

2Carolyn Hoover and a group of other Correctional Officers filed a grievance dated October 16, 2019 claiming that the Employer improperly filled a posting for a Segregation Sergeant, Management Level 07(MCP) at the Vanier Centre for Women. The remedy sought is the reposting of the Expression of Interest (“EOI”), and that all staff and current Operational Managers be given fair and transparent opportunities to apply for the position.

3In particular, the grievance asserts that an EOI was posted for a Segregation Sergeant, Management Level 07(MCP) with a closing date of August 22, 2019. On September 23, 2019 the successful applicant for the position of “Segregation Coordinator” was announced, despite the EOI having been for a “Segregation Sergeant”. The grievance alleges that had the EOI been properly posted and sent out to all staff, other qualified individuals would have applied for the position. Instead, the grievance asserts, the Employer has placed an untrained and unqualified person in this supervisory role within Operations, in violation of the Occupational Health and Safety Act.

4Having considered the submissions of the parties, I find that I am without jurisdiction to address this grievance. An arbitrator only has the jurisdiction to address and decide on issues that arise out of the terms of the collective agreement. The collective agreement between OPSEU and the Employer only addresses the terms and conditions of employment for bargaining unit members, not for management. As such, I have no authority to consider any issue that may arise in the manner in which the Employer posts or fills a position that is outside the bargaining unit, as is the case in this instance.

5For the reason outlined above, this grievance is dismissed.