HomeMy WebLinkAbout2013-2565.Zavitz.14-05-23 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#2013-2565
UNION#2013-0102-0024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Zavitz) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Alison Nielsen-Jones
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Heather McIvor
Ministry of Government Services
Legal Services Branch
Counsel
HEARING May 16, 2014
- 2 -
Decision
[1] This grievance relates to a Performance Development and Learning Plan (“PDLP”) the
Grievor received from his manager for the period April 1, 2012 to March 31, 2013. The
PDLP contained certain comments which the Grievor alleges are in breach of Article 3.2
of the collective agreement. Those comments were subsequently removed from the
PDLP.
[2] Article 3.2 provides:
There shall be no discrimination or harassment practiced by reason of an employee’s
membership or activity in the Union.
[3] Having considered the submissions of the parties, I declare that Article 3.2 was breached
by the inclusion of the comments in the PDLP. Had the employer not already done so, I
would have ordered them removed.
Dated at Toronto, Ontario this 23rd day of May 2014.
Ian Anderson, Vice-Chair