OPSGB 2019

The complainant, whose home position was in an OPSEU bargaining unit, filed a complaint regarding her compensation during a temporary assignment to an acting management position.

The employer raised a preliminary objection that the Public Service Grievance Board lacked jurisdiction because the complainant remained a member of the bargaining unit during her temporary assignment.

The Board agreed, finding that under Regulation 378/07 and the collective agreement, the complainant continued to pay union dues and was covered by the collective agreement, rendering her ineligible to file a complaint with the Board.

The complaint was dismissed.

The complainant filed a grievance alleging the employer failed to provide a 4% merit increase.

The matter was scheduled for a mediation session, but neither the complainant nor her representative attended.

The employer's counsel was present.

The Vice-Chair noted that the Board's rules permit disposing of a complaint when a party fails to attend.

However, because it was unclear if the complainant was aware of the scheduled mediation, the Board declined to dismiss the complaint immediately.

Instead, the Board directed the complainant to provide a written explanation for her non-attendance and to confirm whether she wished to proceed with her complaint.

The complainant and her representative failed to attend a scheduled mediation session before the Public Service Grievance Board.

The Board noted its authority under Rule 15 to dismiss the complaint for non-attendance but declined to do so immediately, as it was unclear whether the complainant was aware of the scheduled date.

The Board directed the complainant to provide a written explanation for her non-attendance and to confirm whether she wished to proceed with her complaint, failing which the complaint could be dismissed.