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HomeMy WebLinkAbout2016-2196.Murchison.17-02-21 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#2016-2196 UNION#2016-0234-0205 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Murchison) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Janice Johnston Vice-Chair FOR THE UNION John Wardell Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Ann Fowler Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING February 16, 2017 - 2 - Decision [1] The Employer and the union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On February 15 & 16, 2017 the parties at Maplehurst Corrections Complex agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] The grievor filed a grievance dated December 9, 2016 claiming that the employer discriminated against her by refusing to place her on the rotational list used to backfill the assistant scheduling officer position. She asserted that this was unfair and inequitable. She also claimed that the employer has violated the Respectful Workplace Policy by retaliating against her for exercizing a right under the policy. [4] In order to be successful in this case the grievor must establish a violation of the collective agreement. Although she clearly felt strongly that she was treated unfairly and improperly, after having carefully considered the submissions of the parties I cannot conclude that she has established that the collective agreement has been violated. [5] The grievance is therefore dismissed. Dated at Toronto, Ontario this 21st day of February 2017. Janice Johnston, Vice Chair