HomeMy WebLinkAbout2007-0979.Lofti.09-01-20 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2007-0979
UNION#2007-0517-0079
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lotfi)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J. D. Leighton
FOR THE UNION
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGNovember 13, 2008.
2
Decision
[1]On May 25, 2007, Ms. Cherryl Lotfi grieved the employer contravened the collective
agreement, the ?Workplace and Discrimination and Harassment Policy,? the Ontario
Human Rights Code? and ?the T.W.D.C. Overtime Protocol.? More specifically the
grievor alleged that certain managers had singled her out and subjected her to undue and
unreasonable scrutiny and harassment. She was particularly unhappy with being
reassigned at times from her regular post. The employer denied that it had violated the
Collective Agreement or the Code and submitted that it had at all times exercised its
management rights reasonably.
[2]The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the Collective Agreement. At the outset of the hearing, the parties agreed that I
had the jurisdiction to deal with this matter and they asked that I issue a decision without
written reasons, in accord with the provisions for expedited hearings under Article 22.16.
[3]Having carefully considered the submissions of the parties, as well as the jurisprudence
of the Board, I hereby dismiss this grievance.
th
Dated at Toronto this 20 day of January 2009.
Deborah J.D. Leighton, Vice-Chair