HomeMy WebLinkAbout2010-3022.Richards.13-05-09 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2010-3022, 2011-1094, 2011-1095, 2011-1151, 2011-1160, 2011-1329, 2011-2490
UNION#2011-0719-0018, 2011-0719-0052, 2011-0719-0053, 2011-0719-0054, 2011-0719-0055,
2011-0719-0058, 2011-0719-0072
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Richards/McPhail) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Sheila Riddell
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Susan Munn
Ministry of Government Services
Labour Practice Group
Counsel
CONFERENCE CALL
SUBMISSIONS
March 22, 2013.
April 4th and April 8th, 2013.
- 2 -
Decision
[1] Barbara Richards and Caley McPhail have filed seven grievances, all of
which are before this Board. The grievances allege numerous violations of
the Collective Agreement including denial of sick leave, harassment and
discriminatory treatment on the basis of gender, sexual orientation,
disability, family status and marital status.
[2] At the first day of hearing into this matter the parties attempted to resolve
the issues through mediation. Those efforts were unsuccessful. One of the
complicating factors at that time was that each grievor had also filed
complaints with the Ontario Human Rights Commission regarding the
discrimination allegations set out above.
[3] At the conclusion of the mediation I asked both parties and the grievors to
consider agreeing to put the outstanding Human Rights issues before this
Board for determination.
[4] In a conference call held on March 22, 2013, the Employer said that it was in
agreement with all matters including the human rights issues to be part of
this litigation. The Union also informed the Board that both grievors and the
Union were content that the outstanding human rights issues would be part
of the proceedings before this Board.
[5] The Human Rights Tribunal has deferred its proceedings pending the results
of the matters heard by this Board.
[6] The Employer made a request, which was not opposed by the Union, to
formalize this agreement in a decision.
[7] As discussed in our teleconference, the Union is to fully particularize the
human rights issues.
[8] The parties have also discussed the possibility of agreeing upon an expedited
process. The grievors are presently reluctant to participate in such a process.
However, the Employer has expressed an interest in some effort to truncate
- 3 -
the upcoming litigation. I informed both counsel that I would like to discuss
this matter further in an effort to avoid dozens of days of hearing. We will
have that discussion after further particulars have been provided.
[9] In the meantime, hearing dates are being scheduled.
[10] I remain seized.
Dated at Toronto this 9th day of May 2013.
Felicity D. Briggs, Vice-Chair