HomeMy WebLinkAbout2009-1667.Kanter.09-12-18 Decision
Commission de Commission de
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règlement des griefs règlement des griefs
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des employés de la des employés de la
Couronne Couronne
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GSB#2009-1667 GSB#2009-1667
UNION#2009-0234-0125UNION#2009-0234-0125
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
(Kanter)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Frank Inglis
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Bart Nowak
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGDecember 8, 2009.
-2-
Decision
[1]The Employer and the Union at the Maplehurst Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Most of the grievances were settled through that process. However, a few
remained unresolved and therefore require a decision from this Board. The Protocol
provides that decisions will be issued within a relatively short period of time after the
actual mediation sessions and will be without reasons. Further, the decision is to be
without prejudice and precedent.
[2]Mr. Stewart Kanter is a Correctional Officer who filed a grievance that alleged the
Employer violated the Collective Agreement and other policies by failing to allow him to
attend at a conference entitled ?Race Matters?.
[3]Mr. Kanter is a Caucasian male and the entrance qualification for the conference
eliminated him from attendance for that reason. While he had been initially accepted into
the program due to an apparent error, he was ultimately told that he could not attend. He
alleged that failure allow his participation in the conference was a violation of his rights
under the Collective Agreement and the Human Rights Code.
[4]I disagree. While it is laudable that the grievor wanted to attend at a conference that was
addressing the matter of race, it is not a violation of the Collective Agreement or Code to
specify those who could or could not attend even if participation was dependant on the
basis of race.
[5]For those reasons, the grievance is denied.
th
Dated at Toronto this 18 day of December 2009.
Felicity D. Briggs, Vice-Chair