HomeMy WebLinkAbout2016-2196.Murchison.17-02-21 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#2016-2196
UNION#2016-0234-0205
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Murchison) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Ann Fowler
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING February 16, 2017
- 2 -
Decision
[1] The Employer and the union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of
the grievances are normally settled pursuant to that process. However, if a
grievance remains unresolved the protocol provides that the Vice Chair of the
Board, based on the evidence provided during the mediation session, will
immediately decide the grievance. The decision will be without reasons, without
precedent and prejudice and will be issued within fifteen working days of the
mediation unless the parties agree otherwise.
[2] On February 15 & 16, 2017 the parties at Maplehurst Corrections Complex
agreed to participate in the Expedited Mediation-Arbitration process in
accordance with the negotiated protocol.
[3] The grievor filed a grievance dated December 9, 2016 claiming that the employer
discriminated against her by refusing to place her on the rotational list used to
backfill the assistant scheduling officer position. She asserted that this was unfair
and inequitable. She also claimed that the employer has violated the Respectful
Workplace Policy by retaliating against her for exercizing a right under the policy.
[4] In order to be successful in this case the grievor must establish a violation of the
collective agreement. Although she clearly felt strongly that she was treated
unfairly and improperly, after having carefully considered the submissions of the
parties I cannot conclude that she has established that the collective agreement
has been violated.
[5] The grievance is therefore dismissed.
Dated at Toronto, Ontario this 21st day of February 2017.
Janice Johnston, Vice Chair