HomeMy WebLinkAbout2014-2234.John.15-01-13 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#2014-2234
UNION#2014-0229-0091
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(John) 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 Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING December 8, 2014
- 2 -
Decision
[1] Ms. Loretta John, an Administrative Assistant at Ontario Correctional Institute, filed a
grievance on May 23, 2014, alleging that the employer breached Articles 2.1, 32.17 of the
collective agreement, the Workplace Discrimination and Harassment Prevention Policy, and
the Statement of Ethical Principles. The union alleges that management was unreasonable,
unfair, vindictive and harassing in managing the grievor’s work performance. Essentially the
union alleges a “bad boss” grievance. There was no evidence or argument made on any
human rights allegations. The union seeks, amongst other things, compensation for losses
because grievor took 10 days of sick time and damages for pain and suffering.
[2] The employer submitted that there was no evidence to support the grievor’s allegations and
no violation of the collective agreement or the policies cited in the grievance. Management
contends that it was exercising its right to supervise the grievor’s work performance and at
all times acted reasonably.
[3] 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.
[4] Having carefully considered the evidence put before me including documents submitted by
the union, the submissions of the parties on the grievance, as well as the jurisprudence of the
Board, I hereby deny the grievance.
Dated at Toronto, Ontario this 13th day of January 2015.
Deborah J.D. Leighton, Vice-Chair