HomeMy WebLinkAbout2006-0124.Solomon.08-07-03 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2006-0124, 2006-0744, 2006-0948, 2006-0949, 2007-0285, 2007-0286, 2007-0287
UNION# 2006-0234-0100, 2006-0234-0155, 2006-0234-0217, 2006-0234-0218, 2006-0234-0465,
2006-0234-0466, 2006-0234-0467
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Solomon)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION
Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Faith Crocker
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
May 28, 2008.
2
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ?True
Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which
include the facts and authorities each relies upon. This decision is issued in accordance with the
Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
The grievor is a Rehab Officer. Her grievances relate to her attempts over the last several years
to secure development opportunities and, ultimately, a posting to the position of Volunteer
Coordinator. In April 2006, the grievor was given a five week temporary assignment to replace
the Volunteer Coordinator. The grievor alleges she was not given a proper opportunity to
perform the work, and she withdrew and returned to her regular position. In July 2006, the
grievor applied for a vacancy in the Volunteer Coordinator classification, but was not
interviewed for the position. The grievor alleges that these circumstances involved the practice
of racial discrimination against her by the employer.
The employer responds that there has been no discrimination. The grievor was provided with a
temporary development opportunity but withdrew for her own reasons. She was not interviewed
for the vacancy she applied for because she did not meet the basic requirements for the position
of Volunteer Coordinator.
3
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievances should be dismissed.
rd
Dated at Toronto, this 3 day of July, 2008.
Barry Stephens, Vice-Chair