OPSGB 2008

The employer brought a motion challenging the Public Service Grievance Board's jurisdiction to hear a grievance concerning the grievor's exposure to asbestos in the workplace.

The employer argued the claim was essentially for workplace injury and mental stress, falling under the exclusive jurisdiction of the Workplace Safety and Insurance Board (WSIB).

The Board found it had mixed jurisdiction: claims relating to personal injury and health consequences of asbestos exposure were deferred to the WSIB, while claims alleging the employer breached the Occupational Health and Safety Act by failing to warn or train the grievor remained within the Board's jurisdiction.

The employer alleged that the grievor breached a Memorandum of Settlement resolving his dismissal grievance by launching a civil action against two civil servants.

The employer requested that the Public Service Grievance Board exercise its retained jurisdiction to hear the breach claim.

The grievor argued the Board should decline jurisdiction in deference to the concurrent jurisdiction of the courts over the civil action.

The Vice-Chair held that the Board had jurisdiction pursuant to the settlement agreement and declined to defer to the court, noting the employer was not yet a party to the civil action and the remedy for the alleged breach was not before the court.

The grievors alleged that the employer failed to follow its own operating procedures regarding compensation resulting from performance evaluations for the 2006-07 fiscal year, which adversely affected their pension calculations.

The employer raised a preliminary objection to the Board's jurisdiction.

The Public Service Grievance Board held that section 4(2) of Regulation 378/07 expressly precludes it from dealing with complaints about compensation provided or denied as a result of a performance evaluation.

Despite acknowledging the merits of the grievances, the Board dismissed them for lack of jurisdiction.

The employer brought a motion to dismiss the grievor's grievance for lack of jurisdiction.

The grievor alleged she was denied pay increases and that the employer breached a prior settlement agreement by entering notations in her electronic file.

The Board held it lacked jurisdiction over the pay claims because the grievor's position had been transferred to the AMAPCEO bargaining unit, making her subject to the Crown Employees Collective Bargaining Act.

However, the Board found it retained jurisdiction to hear the allegations regarding the breach of the prior settlement agreement, as it had explicitly remained seized of its implementation.

The grievors, Operational Managers at a detention centre, filed grievances claiming entitlement to certain overtime and escort duty opportunities.

One grievor failed to appear on the first day of the hearing without sufficient explanation, resulting in the dismissal of his grievance.

For the remaining grievor, the Board addressed the preliminary issue of whether an enforceable term or condition of employment existed regarding the assignment of overtime and escort duty.

The Board found that while certain employer policies and memos constituted terms of employment, they did not guarantee escort duty in non-emergency situations and provided no monetary remedy for missed overtime opportunities.

The parties were directed to consider the outstanding grievances in light of these findings.

The grievor filed a grievance alleging breaches of working conditions and terms of employment, including being forced to resign from the Ontario Public Service in 2000 to take a position at a divested facility.

The employer brought a preliminary motion to dismiss the grievance as untimely and outside the board's jurisdiction.

The Public Service Grievance Board dismissed the grievance, finding that the seven-year delay in filing was excessive and not justified by the grievor's alleged fear of reprisal or lack of information.

The board also held that it had no jurisdiction over complaints arising during the grievor's subsequent employment at the divested facility.