HomeMy WebLinkAbout2015-2557.Pinnegar.16-11-14 Decision
Crown 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#2015-2557, 2015-2558
UNION#2015-0220-0008, 2015-0220-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pinnegar) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 4, 2016
- 2 -
Decision
[1] In a June 11, 2013 Memorandum of Agreement the parties agreed to continue
the practice of local med/arb sessions throughout the Ministry of Child and Youth
Services. In accordance with this Memorandum of Agreement, the parties held a
med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number
of grievances were addressed from this and other Child and Youth facilities.
Some of the outstanding grievances were resolved but a few including this matter
remained in dispute and therefore require a short decision which is without
prejudice or precedent.
[2] Ms. Tracy Pinnegar filed two grievances in November of 2015 that she has been
harassed and discriminated against as the result of her union activity. Further,
she alleged that she received a letter of warning which was without just cause.
[3] The Union and the grievor reviewed the facts and provided a bundle of
documents including a diary of events.
[4] The Employer denied anti union animus and urged the grievance should be
dismissed.
[5] After a review of the facts and submissions I have no hesitation in finding that the
letter of warning was without just cause because the conduct with which the
Employer took issue was as the result of the grievor acting in her union capacity.
Accordingly the Letter of Warning is to be removed forthwith.
[6] Regarding the second grievance I am of the view that there an appropriate
remedy is for the Employer to provide the services of a mediator to assist the
grievor and her supervisor, Ms. W. to improve their ongoing working relationship.
The cost of the mediator and the grievor’s time in any sessions in this regard is to
be paid for by the Employer.
[7] To that extent, the grievances are upheld.
Dated at Toronto, Ontario this 14th day of November 2016.
Felicity D. Briggs, Vice Chair