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HomeMy WebLinkAbout1996-0755BOWES96_08_12 ,- ONTARIO EMPLOYlS DE LA COURONNE CROWN EMPLOYEES DE L-ONTARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON MSG 1Z8 TELEPHONEfTELEPHONE (418) 328-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) MSG 1Z8 FACSIMILEfTELECOPIE (418) 328-13lHS GSB # 755/96, 995/96 OPSEU # 960705, 96E545 IN THE HATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Bowes) Grievor - and - " The Crown in Right of ontario (Ministry of Finance) Employer BEFORE R J Roberts Vice-Chairperson FOR THE G. Leeb GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE O. Strang EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING July 26, 1996 --' ~ ~ I AWARD The controversy leading to the present arbItratiOn ongmated m certam actiOns of the gnevor before the strike and upon her return to work after the stnke Accordmg to the eVIdence at the heanng, the gnevor has been a long-tIme umon aCtIVIst over a great number of years. Durmg the strike, she was on the OAG bargammg team and was mvolved m negOtIatiOns on behalf of the ~- umon. In the penod leadmg up to the strike, when relatiOns between the employer and the umon were detenoratmg rapIdly, the gnevor took It upon herself to post a number of mformatiOn flIers and bulletms m the area occupIed by her desk. ThIS desk was located m an "open concept" office, where the flIers and bulletms could be observed by other employees and VIsItors. As mIght be expected, some of these bulletms were worded m strongly pro-umon language DespIte thIS, management m the office dId not request the gnevor to remove her mformation flIers and bulletms. At the hearmg, the eVIdence and submIssIons of counsel tended to suggest that management forebore m thIS respect so as not to worsen an already detenoratmg relatiOnshIp , 2 After the stnke ended, the gnevor posted further InfOrmatIOn fliers and bulletIns In the area of her desk. These flIers and bulletIns also were somewhat provocatIVe In nature, particularly as they related to employees who had not gone out on stnke but had contInued to report for work throughout ItS duratIOn. ThIS tIme, management decIded to act. On Apnl 2, 1996, Mr Peter McGuInness, the gnevor's supervIsor, requested the gnevor to take down this matenal. He followed up wIth a memorandum that read, m pertment part: '."," - Re OPSEU posters, SIgns, notIces, bulletInS etc., ThIS IS In regard to our dISCUSSIOn earlIer to-day on the above subject matter dealmg WIth strike related matenal. Now that the stnke IS over, the government WIshes to return to a normal workIng enVIronment as soon as possible. I am now formally requestIng that you remove from your work area the above Items. TIllS IS to be carned out ASAP Thank you for your co-operatIOn In thIS request. The gnevor was adVIsed In unmIstakable terms to take down from the employer's walls her umon-onented fliers, bulletInS, etc At first, the gnever refused to comply She protested that the employer had not Interfered WIth her actiVIties pnor to the stnke, and on thIS baSIS claimed that she had a nght to contInue III thIS -.... . ,; 3 manner m the post-stnke penod. She also filed the gnevance leadmg to the present proceedmg, claImmg, inter alia, dIscnmmatIOn on the basIs of her umon actIvItIes Subsequently however, the gnevor relented. I was mformed at the heanng that the matenal that management dIrected the gnevor to take down IS now gone, and that the gnevor has mdIcated that m the future she mtends to comply WIth the dIrectIOn of the employer m thIS regard. What confused the gnevor, It seems, was the fact that management tolerated SImIlar actIVItIes m the penod leadmg up to the strike In lIght of thIS, It would appear that the matter raised m the gnevance leadmg to thIS arbItratIOn IS :-,,- now moot. As a result, the grievance need not be dealt WIth beyond Issumg a declaratIOn of mootness, and I hereby do so fA, Dated at Toronto, Ontano, thIS 12 day of August, 1996