HomeMy WebLinkAbout2017-2824.Hockley.19-03-11 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# 2017-2824; 2017-2825; 2017-2887; 2018-2689
UNION# 2017-0219-0018; 2017-0219-0019; 2017-0219-0017; 2018-0219-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hockley) Union
- and -
The Crown in Right of Ontario
(Ministry of Education) Employer
BEFORE
Sheri Price
Arbitrator
FOR THE UNION
Daniel Anisfeld
Koskie Minsky LLP
Counsel
FOR THE EMPLOYER Regina Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 7, 2019
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DECISION
[1] The Union filed a number of November 2017 grievances on behalf of the grievor
alleging harassment on the part of the Employer. Those grievances, along with
an October 2018 grievance alleging unjust discipline, are scheduled to be heard
on their merits commencing on April 11, 2019.
[2] The Employer has requested additional particulars of the grievor’s allegations of
harassment. Having heard the parties’ submissions on this issue on March 7,
2019, I find it appropriate to direct the Union to provide further particulars of the
allegations to ensure that the Employer knows the case it has to meet.
[3] Specifically, on or before March 18, 2019, the Union is hereby directed provide
the Employer with further particulars of the harassment allegations as follows:
a. With respect to the allegation that the grievor was subjected to a false
accusation in mid-October 2015:
i. the names of the individuals, including any members of
management, whom Mr. Witsell allegedly told that the grievor had
taken cocaine in his office;
ii. particulars as to when and where the grievor had a drug test done,
which proved that the accusation could not have been true;
iii. the names of the individuals to whom the grievor provided a copy of
the drug test and particulars with respect to when he provided it;
iv. the names of the members of management who were allegedly
made aware that Mr. Witsell had falsely accused the grievor and
particulars with respect to when and how they were made aware;
and
v. a copy of the drug test is to be produced to the Employer, if it exists
or may be obtained by the grievor.
b. With respect to the allegation that the grievor has been singled out
regarding the administration of sick days:
i. the dates of the sick days on which the grievor was required to
provide sick notes;
ii. particulars with respect to the length of time the grievor was off sick
on the occasions when he was required to provide sick notes;
iii. the names of the individuals who required the grievor to provide
sick notes; and
iv. the names of other employees who were “similarly situated” to the
grievor but were not required to bring sick notes.
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c. Regarding the allegation that the grievor has been singled out with
unfavourable shifts:
i. particulars with respect to the time period during which the grievor
was allegedly given the least favourable shifts;
ii. the dates on which the grievor was scheduled to work back-to-back
shifts;
iii. the dates on which the grievor was scheduled to work until 11:00
p.m. on the Thursday and to start at 7:30 a.m. on the Friday;
iv. the name(s) of the individual(s) who scheduled the grievor to work
the above-noted shifts; and
v. the names of the other employees whom the grievor alleges were
not scheduled to work these types of shifts.
d. Regarding the allegation that the grievor was forced to work nights before
coaching basketball the following morning:
i. particulars with respect to the time period during which this
scheduling occurred;
ii. particulars with respect to the time frame during which the grievor
coached basketball, how often and at what time he coached;
iii. the names of any members of management to whom the grievor
spoke and/or complained about his need to have a work schedule
that accommodated his coaching; and
iv. particulars with respect to the basis for the allegation that Bob
Manon’s coaching schedule was accommodated.
e. Regarding the allegation that the grievor’s reputation was damaged as a
result of the Employer’s actions in October 2017:
i. the name of the “fellow employee” who told the grievor that his
supervisor “Brandi” made certain derogatory comments about the
grievor to his colleagues at a management meeting;
ii. particulars with respect to when the above-noted management
meeting took place;
iii. further particulars identifying who “Brandi” is;
iv. the names of the “grievor’s colleagues” that were allegedly told this;
v. particulars with respect to how the grievor became aware that a
photo or photos of him had been posted in the front administrative
office;
vi. the names of any individuals that the grievor is aware saw the
photo(s) in the office and when;
vii. particulars of what the grievor was told by the above-noted “fellow
employee” about what security officers allegedly said about the
grievor to employees and visitors to the school; and
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viii. particulars with respect to the basis for the allegation that security
asked other males on the grounds outside the residence whether
they were the grievor.
Dated at Toronto, Ontario this 11th day of March, 2019.
“Sheri Price”
______________________
Sheri Price, Arbitrator