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HomeMy WebLinkAbout2014-2234.John.15-01-13 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#2014-2234 UNION#2014-0229-0091 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (John) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING December 8, 2014 - 2 - Decision [1] Ms. Loretta John, an Administrative Assistant at Ontario Correctional Institute, filed a grievance on May 23, 2014, alleging that the employer breached Articles 2.1, 32.17 of the collective agreement, the Workplace Discrimination and Harassment Prevention Policy, and the Statement of Ethical Principles. The union alleges that management was unreasonable, unfair, vindictive and harassing in managing the grievor’s work performance. Essentially the union alleges a “bad boss” grievance. There was no evidence or argument made on any human rights allegations. The union seeks, amongst other things, compensation for losses because grievor took 10 days of sick time and damages for pain and suffering. [2] The employer submitted that there was no evidence to support the grievor’s allegations and no violation of the collective agreement or the policies cited in the grievance. Management contends that it was exercising its right to supervise the grievor’s work performance and at all times acted reasonably. [3] 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 precedent or prejudice, and without written reasons. [4] Having carefully considered the evidence put before me including documents submitted by the union, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto, Ontario this 13th day of January 2015. Deborah J.D. Leighton, Vice-Chair