On February 20th, 2002, the Grievance Settlement Board (GSB) made a significant ruling on an OPSEU grievance filed by Ministry of Health employees. These staff were concerned about the use of temporary agency staff in bargaining unit positions. The GSB decided in favour of OPSEU's position that government ministries cannot use temporary agency staff to perform bargaining unit work. This award is important as it sets a precedent for staffing in all Ontario Public Service ministries.

In this decision the GSB noted that there is an implied term in the OPSEU Collective Agreement that prohibits the employer from using non-bargaining unit employees to perform bargaining unit work. It is the view of the GSB that this implied term should prohibit contracted-in agency employees from performing bargaining unit work that would otherwise be done by classified and/or seasonal unclassified employees. As a result of this grievance the GSB ordered the Ministry of Health to stop using agency staff to fill bargaining unit positions, and to start posting bargaining unit job competitions to fill positions. In view of this decision, ministry employees concerned about agency staff filling OPSEU bargaining unit jobs can use this GSB award to get the employer to stop contracting-in and post for bargaining unit positions.

Contact your Local Steward or Officers for more information.