HomeMy WebLinkAbout2009-1387.Appleyard et al.12-05-29 Decision
Crown Employees
rieva
nce Settlement
oard
1Z8
l. (416) 326-1388
x (416) 326-1396
t des griefs
es employés de la
t
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l. : (416) 326-1388
léc. : (416) 326-1396
GSB#2009-
UNION#
2009-0530-0058, 2009-0530-0053, 2009-0530-0054,
2009-0530-0068, 2009-0530-0069
IN THE MATTER ARBITRATION
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
THE GRIEVANCE SETTLEMENT BOARD
ETWEEN
G
B
Suite 600
180 Dundas St. West
Toronto, Ontario M5G
Te
Commission de
règlemen
d
Couronne
Bureau 600
180, rue Dundas Oues
Toronto (Ontario) M5G 1
Té
Té
Fa
1387, 2009-1388, 2009-1389, 2009-1390,
2009-1395, 2009-1403, 2009-1404, 2009-1405
2009-1391, 2009-1392, 2009-1393, 2009-1394,
2009-0530-0059, 2009-0530-0060, 2009-0530-0061, 2009-0530-0056, 2009-0530-0057,
2009-0530-0055, 2009-0530-0067,
OF AN
Under
Before
B
Ontario Pubees Union
(Appleyard et al) Union
(Ministry of Community Safety and Correctional Services) Employer
lic Service Employ
- and -
The Crown in Right of Ontario
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION
ice Employees Union
fficer
FOR THE EMPLOYER
Scott Andrews
Ontario Public Serv
Grievance O
s
s
HEARING
Brian Scott
Ministry of Government Service
Centre for Employee Relation
Employee Relations Advisor
January 18, 2012.
- 2 -
Decision
[1] The Employer and the Union at the Toronto Jail 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] A number of Correctional Officers filed grievances alleging that the Collective
Agreement was violated when the Employer refused to allow their participation at a
conference. It was urged that this refusal constituted a poisoned work environment for
the officers whose requests to attend were denied.
[3] The Organizational Effectiveness Division of the Ministry organized a “Race Matters”
conference. In its material that was disseminated it was stated that the conference was
“designed to explore the workplace issues of employees who, other than Aboriginal
peoples, self-identify by race or colour and includes but is not limited to persons who are
Chinese, South Asian, Caribbean, African-Canadian or Black, Filipino, Latin American,
Southeast Asian, Arab, West Asian, Korean, Japanese.”
[4] The grievors were not members of the above named groups. Some of the grievors were
initially accepted but ultimately refused when it was discovered that they were not
members of any named groups set out in the criteria. Further, some of the grievors are
married to, or otherwise related to, members of visible minority groups.
[5] It was the position of the grievors that the Employer’s refusal to allow Caucasian
employees to participate in this conference was demeaning, discriminatory and created a
poisoned work environment. It was urged that the decision to deny the educational
experience caused “extreme emotional and professional hardship.” It was further
- 3 -
contended that the Toronto Jail was the only institution where Caucasian applicants were
denied.
[6] The Employer argued that it is entitled to hold conferences such as the one at issue for
specific groups. The intended purpose was to have “racialized” groups discuss their
experiences and share ideas.
[7] Although I understand the frustration that the Employer’s refusal may have caused the
grievors, I cannot uphold these grievances. There is no violation of the Collective
Agreement, employment statute or any Ministry policy.
[8] While it is unfortunate and somewhat ironic that a conference held to deal with “anti-
racism/human rights, correctional services and affinity group development” caused these
grievors to feel discriminated against, the grievances are dismissed.
Dated at Toronto this 29th day of May 2012.
Felicity D. Briggs, Vice-Chair