HomeMy WebLinkAbout1996-0755BOWES96_08_12
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ONTARIO EMPLOYlS DE LA COURONNE
CROWN EMPLOYEES DE L-ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON MSG 1Z8 TELEPHONEfTELEPHONE (418) 328-1388
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) MSG 1Z8 FACSIMILEfTELECOPIE (418) 328-13lHS
GSB # 755/96, 995/96
OPSEU # 960705, 96E545
IN THE HATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Bowes)
Grievor
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The Crown in Right of ontario
(Ministry of Finance)
Employer
BEFORE R J Roberts Vice-Chairperson
FOR THE G. Leeb
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE O. Strang
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING July 26, 1996
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I
AWARD
The controversy leading to the present arbItratiOn ongmated m certam actiOns of the gnevor
before the strike and upon her return to work after the stnke Accordmg to the eVIdence at the
heanng, the gnevor has been a long-tIme umon aCtIVIst over a great number of years. Durmg the
strike, she was on the OAG bargammg team and was mvolved m negOtIatiOns on behalf of the
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umon.
In the penod leadmg up to the strike, when relatiOns between the employer and the umon were
detenoratmg rapIdly, the gnevor took It upon herself to post a number of mformatiOn flIers and
bulletms m the area occupIed by her desk. ThIS desk was located m an "open concept" office,
where the flIers and bulletms could be observed by other employees and VIsItors. As mIght be
expected, some of these bulletms were worded m strongly pro-umon language
DespIte thIS, management m the office dId not request the gnevor to remove her mformation
flIers and bulletms. At the hearmg, the eVIdence and submIssIons of counsel tended to suggest
that management forebore m thIS respect so as not to worsen an already detenoratmg
relatiOnshIp
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After the stnke ended, the gnevor posted further InfOrmatIOn fliers and bulletIns In the area of her
desk. These flIers and bulletIns also were somewhat provocatIVe In nature, particularly as they
related to employees who had not gone out on stnke but had contInued to report for work
throughout ItS duratIOn.
ThIS tIme, management decIded to act. On Apnl 2, 1996, Mr Peter McGuInness, the gnevor's
supervIsor, requested the gnevor to take down this matenal. He followed up wIth a memorandum
that read, m pertment part:
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Re OPSEU posters, SIgns, notIces, bulletInS etc.,
ThIS IS In regard to our dISCUSSIOn earlIer to-day on the above subject matter
dealmg WIth strike related matenal.
Now that the stnke IS over, the government WIshes to return to a normal workIng
enVIronment as soon as possible.
I am now formally requestIng that you remove from your work area the above
Items. TIllS IS to be carned out ASAP
Thank you for your co-operatIOn In thIS request.
The gnevor was adVIsed In unmIstakable terms to take down from the employer's walls her
umon-onented fliers, bulletInS, etc
At first, the gnever refused to comply She protested that the employer had not Interfered WIth
her actiVIties pnor to the stnke, and on thIS baSIS claimed that she had a nght to contInue III thIS
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manner m the post-stnke penod. She also filed the gnevance leadmg to the present proceedmg,
claImmg, inter alia, dIscnmmatIOn on the basIs of her umon actIvItIes
Subsequently however, the gnevor relented. I was mformed at the heanng that the matenal that
management dIrected the gnevor to take down IS now gone, and that the gnevor has mdIcated
that m the future she mtends to comply WIth the dIrectIOn of the employer m thIS regard. What
confused the gnevor, It seems, was the fact that management tolerated SImIlar actIVItIes m the
penod leadmg up to the strike
In lIght of thIS, It would appear that the matter raised m the gnevance leadmg to thIS arbItratIOn IS
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now moot. As a result, the grievance need not be dealt WIth beyond Issumg a declaratIOn of
mootness, and I hereby do so
fA,
Dated at Toronto, Ontano, thIS 12 day of August, 1996