HomeMy WebLinkAbout2014-0573.Cymbalista et al.15-02-24 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#2014-0573, 2014-0574, 2014-0575, 2014-0576, 2014-0577, 2014-0578, 2014-0579
UNION#2014-0551-0005, 2014-0551-0006, 2014-0551-0007, 2014-0551-0008, 2014-0551-0009,
2014-0551-0010, 2014-0551-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cymbalista et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Randi H. Abramsky Vice-Chair
FOR THE UNION Alison Nielsen-Jones
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Cathy Phan
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING February 23, 2015.
- 2 -
Decision
[1] This grievance, filed by six (6) Probation and Parole employees in the Anti-Guns and
Gangs Unit and one (1) employee from another Probation and Parole office of the
Ministry of Community Safety and Correctional Services, alleges that the Area Manager
stated, at a staff meeting on February 6, 2014, that in determining how a vacant OAG
position would be filled, “anyone with more than ten (10) years of service comes with
baggage.”
[2] There is some dispute what was exactly said by the Area Manager. However, it is agreed
that the area manager made a comment that suggested that “some senior employees come
with baggage and issues”. I find the comment could be interpreted to mean that the
Employer would not consider older workers for the position which would amount to a
breach of Human Rights Code.
[3] Having considered the submissions of the parties, I declare that Article 3.1 of the
Collective Agreement, which states:
There shall be no discrimination practised by reason of race, ancestry,
place of origin, colour, ethnic origin, citizenship, creed, sex, sexual
orientation, age, marital status, or disability, as defined in section 10(1) of
the Ontario Human Rights Code (OHRC).
was breached by the Employer.
Dated at Toronto, Ontario this 24th day of February 2015.
Randi H. Abramsky, Vice-Chair