HomeMy WebLinkAbout2013-0139 Verge-Howard.17-07-06 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#2013-0139, 2013-1190, 2013-1191 UNION#2013-0617-0007, 2013-0617-0032, 2013-0617-0033
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN Ontario Public Service Employees Union (Verge-Howard) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Pubic Service Employees Union Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz Treasury Board Secretariat
Centre for Employee Relations Employee Relations Advisor
HEARING July 5, 2017
- 2 - Decision
[1] Ms. Bonnie Verge-Howard, a Corrections Officer, at the Sudbury Jail, filed three grievances claiming, inter alia, that the employer had violated Article 3 of the collective agreement and the Human Rights Code. She alleges that the employer
failed to accommodate her when it changed her schedule, allowed a fellow CO to
harass her, and breached a Memorandum of Settlement, dated September 20,
2012. She also filed a grievance regarding a job competition. The grievances are dated March 7, 2013 and April 29, 2013. The employer takes the position that there is no evidence to support a breach of the collective agreement or the Code.
[2] The parties referred this grievances 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 these matters and asked that I issue a decision without precedent or prejudice, and without written reasons.
[3] There was no evidence to support the human rights allegations, a breach of the
MOS or that the competition was not run according to the principles of fair competition procedures. Consequently, having carefully considered the evidence and the submissions of the parties on all the allegations, as well as the jurisprudence of the Board, I hereby deny these grievances.
Dated at Toronto, Ontario this 6th day of July 2017.
Deborah J.D. Leighton, Arbitrator