HomeMy WebLinkAbout2012-4600.Beek.14-03-28 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#2012-4600
UNION#2012-0517-0130
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Beek) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Alex Sawicki
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Victoria Fichtenbaum and Laura McCready
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisors
HEARING March 20, 2014
2
Decision
[1] Ms. Selena Beek, a Correctional Officer at the Metro West Detention Centre, filed a
grievance on October 15, 2012, alleging that the employer breached Articles 2 of the
collective agreement and Section 5 of the Ontario Human Rights Code. She alleges that the
employer has failed to accommodate her because of her family status. She seeks full redress.
The employer submitted that there was no violation of the collective agreement or the Code.
[2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16
of the collective agreement. At the outset of the hearing, the parties agreed that I had the
jurisdiction to deal with this matter. They asked that I issue a decision without precedent or
prejudice, and without written reasons.
[3] Having carefully considered the submissions of the parties on the allegations of the breach
of the grievor’s human rights, as well as the jurisprudence of the Board, I hereby deny the
grievance.
Dated at Toronto, Ontario this 28th day of March 2014.
Deborah J.D. Leighton, Vice-Chair