HomeMy WebLinkAbout2021-0312.Summers.24-06-20 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-0312
UNION# 2021-0678-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Summers) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah J.D. Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michael Kuk
Treasury Board Secretariat
Employee Relations & Negotiations
Employee Relations Advisor
HEARING June 5, 2024
-2 -
Decision
[1] Ms. Elizabeth Summers, a Correctional Officer at the Algoma Treatment and
Remand Centre at the time that she filed a grievance on April 16, 2021,
complained that the employer breached Articles 3 and 9 of collective agreement,
and OHSA, when her supervisor harassed her by yelling at her. The grievor seeks
a declaration of the breach and damages. The employer submits that it took all
reasonable steps to address the matter with the supervisor.
[2] The parties referred this grievance 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 this matter. They asked that I issue a
decision without precedential value and without written reasons.
[3] Having carefully considered the submissions of the parties on the allegations of
the breach of the grievor’s rights and the jurisprudence of the Board, I find that the
supervisor’s behaviour was inappropriate. However, the employer took
reasonable steps to deal with the event. Consequently, the grievance is hereby
dismissed.
Dated at Toronto, Ontario this 20th day of June 2024.
“Deborah J.D. Leighton”
Deborah J.D. Leighton, Arbitrator