Grievance Settlement Board Decision: Management's Role in Bargaining Unit Work

Strategic Insights -

The Grievance Settlement Board (GSB) issued a decision on March 21, 2024, in a case involving the Ontario Public Service Employees Union (OPSEU) and the Crown in Right of Ontario (Ontario Clean Water Agency). The case centered around a group grievance claiming that management improperly performed bargaining unit work at a water treatment site in Belle River, Ontario. The arbitrator, Kathleen G. O'Neil, considered the facts and applicable law, ultimately dismissing the grievance.

Key Takeaways:

  • The grievance alleged that management performed bargaining unit work at a water treatment site in Belle River, Ontario, without proper authorization.
  • The employer argued that the work was minimal and incidental, and therefore did not constitute a breach of the collective agreement.
  • The union disagreed, citing the potential for erosion of the bargaining unit over time and the need for adherence to safety procedures and regulations.
  • The arbitrator considered relevant case law, including Ontario Public Service Employees Union (Butters) v Ontario (Liquor Control Board) and Ontario Public Service Employees Union (Spicer/Union) v Ontario (Labour), but ultimately found that the facts of this case did not raise concerns about the integrity of the bargaining unit.
  • The arbitrator also dismissed the union's claims related to safety procedures and regulations, finding that the management's assessment of the situation was reasonable and in compliance with regulations.
  • The decision highlights the importance of considering the specific facts and language of the collective agreement in determining what constitutes allowable minimal performance of bargaining unit work.
  • The arbitrator noted that the union's concerns about anticipation and potential for future incidents were valid, but not sufficient to support a finding of a breach of the collective agreement.

Statistics:

  • The case involved a group grievance filed by the OPSEU related to management's performance of bargaining unit work.
  • The work in question was conducted at a water treatment site in Belle River, Ontario.
  • The arbitrator considered evidence of 15 minutes of bargaining unit work performed by management.
  • The decision did not find a breach of the collective agreement, relying on the facts and applicable case law.
  • The matter was heard on March 19, 2024, with the decision issued on March 21, 2024.

Sources:

  • In the Matter of an Arbitration the Crown Employees Collective Bargaining Act, [2024-03-21]
  • Ontario Public Service Employees Union (Butters) v Ontario (Liquor Control Board), 2018 CanLII 77319 (ON GSB) [Carrier]
  • Ontario Public Service Employees Union (Spicer/Union) v Ontario (Labour), 2012 CanLII 29899 (ON GSB) [Herlich]
  • Re Carling O'Keefe Breweries of Canada Ltd. and Western Union of Brewery, Beverage, Winery & Distillery Workers, Local 287, 1987 CanLII 8783 (AB GAA) [Beattie]