GSB# 2001-1571
UNION# 02A159
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Eaton)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Transportation)
Employer
BEFORE
Dan Harris
Vice-Chair
FOR THE UNION
Robin Gordon Grievance Officer Ontario Public Safety and Security
FOR THE EMPLOYER
Fateh Salim Counsel Management Board Secretariat
HEARING
By written submissions of the parties.
Decision
This matter was scheduled for hearing in Timmins, Ontario on October 22, 2003. The oral hearing was adjourned on consent and the parties also agreed to deal with this matter by written submissions.
The grievance is dated December 24, 2001 and states the following:
I grieve that the Employer violated the Ontario Human Rights Code, when it acted in a discriminatory fashion by denying me the ability to apply and work for the Ontario Public Service during my pension bridging.
The employer takes the position that there is no violation of the collective agreement nor the Code. The union does not disagree with that assessment.
Having regard to the positions of the parties, the fact that there is no dispute between them and that there is no indication of discriminatory treatment, the grievance is hereby dismissed.
Dated at Toronto this 17th day of February, 2004.