GSB# 2019-2435; 2019-2436
UNION# 2019-5112-0278; 2019-5112-0279
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Buchanan)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
John Wardell Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Sia Romanidis Treasury Board Secretariat Employer Relations Advisor
HEARING
February 5 & 6, 2020
Decision
1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that an Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.
2On February 5 and 6, 2020 the parties at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.
3These grievance relate to claims for compensation by the Grievor for work performed in an acting manager position, outside of the bargaining unit.
4Having considered the representations of the parties, I find I have no jurisdiction to remedy the Grievor’s claims.
5Accordingly, the grievance is denied.
Dated at Toronto, Ontario this 14th day of February, 2020.