Syndicat des travailleuses et travailleurs des Centres jeunesses de la Montérégie (CSN), D.T.E. 2012T-856 (T.A.), August 16, 2012 decision.
The complainant is an educator at a youth centre who suffered a work accident during February, 2003. Based upon a final medical report concluding that she had a significant functional disability, the Commission de la santé et de la sécurité du travail (hereinfafter the « CSST ») ruled there was a permanent 11% disability. Subsequently, meetings held with a physician and representatives of the employer led the CSST to conclude that the complainant could not return to the position she held prior to her injury, and that her employer could not offer her another position which could correspond to her functional limitations. An unopposed decision was rendered which confirmed this finding.
The complainant filed a grievance challenging the finding and seeking assignment to a position which corresponded to her permanent limitations. The employer raised a preliminary ground, objecting to the arbitration of the grievance arbitrator.
The arbitrator, Me André Ladouceur, reiterated that the assessment of a permanent injury or incapacity to exercise employment or any other employment further to a workplace injury falls within the exclusive jurisdiction of the CSST. As a result, the sole available avenues to challenge these decisions are those set forth in the Act respecting industrial accidents and occupational diseases. Thus, the grievance was not the appropriate procedure, since the claim amounts to asking the arbitrator to act as an appeal instance reviewing the CSST decision. Furthermore, the tribunal added that although an arbitrator is entitled to rule on any grievance which alleges the violation of a collective agreement, this does not extend to ruling on matters which fall within the exclusive jurisdiction of another tribunal. Consequently, the arbitrator allowed the preliminary objection of the employer on the issue of jurisdiction and dismissed the grievance.
