HomeMy WebLinkAbout2011-3686.Gordon-Bartholomew.13-10-15 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#2011-3686
UNION#2012-0517-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gordon-Bartholomew) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Victoria Fichtenbaum
Ministry of Government Services
Centre for Employee Relations
Employee Relations Adviser
HEARING September 11, 2013
- 2 -
Decision
[1] The Employer and the Union at the Toronto West Detention Centre agreed to participate in
the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Some of the grievances were settled through that process. However, this grievance
remained unresolved and therefore requires a decision from this Board. The Protocol
provides that decisions will be issued within a relatively short period of time after the
actual mediation sessions and will be without reasons. Further, the decision is to be without
prejudice and precedent.
[2] Paula Gordon-Bartholomew is a receptionist at the Detention Centre. She filed a grievance
that alleged the Employer violated Articles 2, 3, 9 and 21 of the Collective Agreement. The
grievance referred to an incident that occurred on December 15, 2011 with her immediate
supervisor, George Solijon.
[3] In brief, the grievor alleged that her manager yelled at her in front of other staff and
members of the public. She was of the view that she was treated unprofessionally and
improperly. Ms. Bartholomew was also concerned that there was discipline in her file as
the result of these circumstances. The Union urged that she was harassed and asked for
damages.
[4] The Employer assured that Board that there has been no discipline imposed and therefore
no documents about this incident in the grievor’s file. However, the Employer was of the
view that, while this situation certainly may have been handled more professionally by the
grievor’s supervisor, there was no harassment and therefore there has been no violation of
the Collective Agreement.
[5] After consideration of all the facts and submissions I am of the view that the grievance
must be denied. I accept that the grievor’s file has no mention of this incident and invite the
grievor to review her file to assure herself.
[6] By all accounts, the grievor’s supervisor exercised very poor managerial skills in his
handling of the grievor on December 5, 2011. However, given the particular facts of this
case, I cannot make a finding of harassment. There was no violation of the Collective
Agreement.
[7] Accordingly, the grievance is denied.
Dated at Toronto, Ontario this 15th day of October 2013.
Felicity D. Briggs, Vice-Chair