Loading...
HomeMy WebLinkAbout2014-4613.Hamilton.16-11-15 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#2014-4613 UNION#2014-0290-0033 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Hamilton) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Karen Martin Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING November 4, 2016 - 2 - Decision [1] In a June 11, 2013 Memorandum of Agreement the parties agreed to continue the practice of local med/arb sessions throughout the Ministry of Child and Youth Services. In accordance with this Memorandum of Agreement, the parties held a med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number of grievances were addressed from this and other Child and Youth facilities. Some of the outstanding grievances were resolved but a few including this matter remained in dispute and therefore require a short decision which is without prejudice or precedent. [2] Kristina Hamilton is a Youth Services Officer who filed a grievance alleging that she was discriminated against in the scheduling of work as the result of being pregnant. Ms. Hamilton was a fixed term YSO at the time with accommodation limitations as the result of her pregnancy and frequently had her scheduled shifts cancelled. [3] The grievor contended that the other five officers who were also pregnant at the same time did not have their scheduled shifts cancelled despite their accommodation needs. [4] By way of remedy she requested 157 hours of compensation and seniority. [5] According to the documentation provided by the Employer the other four pregnant officers needing accommodation at the salient time were classified officers. Further, the level of accommodation needed for the grievor was more extensive than that needed by the other officers. [6] After reviewing the facts and submissions of the parties, I am of the view that there has been no violation of the Collective Agreement. Dated at Toronto, Ontario this 15th day of November 2016. Felicity D. Briggs, Vice Chair