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HomeMy WebLinkAbout2012-4465.Diedrick.14-07-16 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#2012-4465 UNION#2012-0582-0174 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Diedrick) 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 Jackie Crawford Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Buky Adeoye Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING April 17, 2014 - 2 - Decision [1] Ms. Deadre Diedrick, a Correctional Officer at the Toronto East Detention Centre, filed a grievance on November 25, 2012, alleging that the employer breached Articles 3 of the collective agreement and alleged that management is in violation of the HPRO policy by not allowing her to work overtime. She further asserts that this conduct amounts to discrimination and caused her undue hardship. 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] There was no evidence or argument made on the human rights allegations. 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 16th day of July 2014. Deborah J.D. Leighton, Vice-Chair