The union filed grievances alleging sexual harassment by a managerial employee and sought his termination or transfer as a remedy.
The employer and the manager raised preliminary objections, arguing that the facts did not disclose a prima facie case of sexual harassment and that the Grievance Settlement Board lacked jurisdiction to order the discipline or discharge of a managerial employee.
The Board dismissed the manager's motion, finding a prima facie case was established.
The Board also held that it possesses the remedial jurisdiction to direct the termination or transfer of a manager in exceptional cases where absolutely necessary to effect a remedy.
However, the Board concluded that termination was not absolutely necessary in this case, though alternative remedies such as transfer or removal of supervisory powers might be appropriate.
