HomeMy WebLinkAbout2019-1387.Sarai.21-01-13 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# 2019-1387
UNION# 2019-0553-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sarai) Union
- and -
The Crown in Right of Ontario
(Ministry of Environment, Conservation and Parks) Employer
BEFORE Diane L. Gee Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Erika Montisano
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING December 4, 2020
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Decision
[1] This matter is a grievance filed on behalf of Omanpreet Sarai. The grievance
reads, in part, as follows:
I grieve that the Employer has violated, but not limited to, Article 2 –
Management Rights of the Collective Agreement, Article 3 – No
Discrimination/Employment Equity of the Collective Agreement Article
22/22.121
Improper Classification of the Collective Agreement, the Ontario
Occupational Health and Safety Act, Bill 168, and any mental health
legislation/laws as well as Employer mental health policies by increasing
my workload excessively. This increase in workload came with no
financial compensation whatsoever. Furthermore, no consideration of
the mental health impacts involved to myself, family, and overall work
life balance were evident causing me undue stress. To add, new job
tasks analysis and hazards analysis was performed in order to assess
the impact of this excessive workload on my health and safety in the
workplace.
[2] Particulars filed by the Union describe the grievance as follows:
These proceedings arise from a grievance filed by Ms. Sarai in respect
of the Employer excessively increasing her workload by substantially
altering her work duties and responsibilities, and by the Employer’s
failure to provide adequate training.
[3] The Particulars are divided by headings. Under the heading “Vacation time
difficulty” is the following:
22. Ms. Sarai has also encountered difficulty obtaining approval for
vacation time, due to the rotational schedules of the labs. t the time of
filing the grievance, she had made vacation requests to Jennifer Koene;
receiving no response until it was too late to book her travel.
23. The Grievor requested time off in May 2019. She received an
email from Ms. Koene stating that she will be contacted by Karen Irwin,
Senior Tech in Microbiology Lab, as one day she requested conflicted
with Karen’s vacation schedule. Now the Grievor is in a situation where
she has to make sure there is coverage in both the Microbiology lab and
the Molecular biology lab prior to taking a vacation.
24. There are added expectations placed on the Grievor to work on
weekends and Statutory Holidays, if the designated staff in the
Microbiology is on vacation. This was not included in the grievor’s job
description.
[4] The Employer asks to have paragraphs 22 – 24 of the Particulars struck on the
basis that difficulties getting vacation time and expectations to work on weekends
and statutory holidays does not form part of the grievance.
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[5] It is my determination that the paragraphs will not be struck. Had the intention of
the paragraphs been to allege the Employer was in violation of the vacation or
hours of work provisions of the collective agreement, I agree with the Employer
such would be an improper expansion of the grievance. Such an allegation does
not fall within the scope of the grievance. However, OPSEU submits that the
paragraphs are intended to support the allegation that the changes to the
Grievor’s work has resulted in her being overworked and experiencing stress.
The paragraphs are, albeit tangentially, arguably relevant to this allegation and
accordingly will not be struck.
Dated at Toronto, Ontario this 13th day of January, 2021.
“Diane L. Gee”
________________________
Diane L. Gee, Arbitrator