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HomeMy WebLinkAbout2015-2557.Pinnegar.16-11-14 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#2015-2557, 2015-2558 UNION#2015-0220-0008, 2015-0220-0009 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pinnegar) 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] Ms. Tracy Pinnegar filed two grievances in November of 2015 that she has been harassed and discriminated against as the result of her union activity. Further, she alleged that she received a letter of warning which was without just cause. [3] The Union and the grievor reviewed the facts and provided a bundle of documents including a diary of events. [4] The Employer denied anti union animus and urged the grievance should be dismissed. [5] After a review of the facts and submissions I have no hesitation in finding that the letter of warning was without just cause because the conduct with which the Employer took issue was as the result of the grievor acting in her union capacity. Accordingly the Letter of Warning is to be removed forthwith. [6] Regarding the second grievance I am of the view that there an appropriate remedy is for the Employer to provide the services of a mediator to assist the grievor and her supervisor, Ms. W. to improve their ongoing working relationship. The cost of the mediator and the grievor’s time in any sessions in this regard is to be paid for by the Employer. [7] To that extent, the grievances are upheld. Dated at Toronto, Ontario this 14th day of November 2016. Felicity D. Briggs, Vice Chair