GSB# 2005-2392

UNION# 2005-0545-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Greene De Bie)

Union

• and -

The Crown in Right of Ontario

(Ministry of Health and Long-Term Care)

Employer

BEFORE

Deborah J. D. Leighton

Vice-Chair

FOR THE UNION

Ms. Kathleen Lawrence

Grievance Officer

Ontario Public Service Employees Union

FOR THE EMPLOYER

Ms. Ann Fowler

Acting Employment Relations Consultant

Ministry of Health and Long-Term Care

HEARING

May 12, 2006.

Decision

Frances Greene De Bie grieved on September 29, 2005 that:

I have been discriminated against due to my health reasons/disabilities (Article 3.1) Also I have been discriminated against by reason of my membership or activity in the union (Article 3.2 ).

By way of remedy she seeks the following:

To be hired as a full time permanent employee and filled according to Article 6.6.1 (a) and (b).

This matter proceeded to mediation-arbitration on May 12, 2006. The parties informed me that the grievor was no longer an employee of the Ontario Public Service. She had not been successful at getting an interview for a job competition, and thus she filed a grievance. The grievor did not attend the hearing; the union had had difficulty communicating with Ms De Bie.

The employer sought particulars of the allegations of discrimination. After hearing the submissions of the parties, I made an oral order requiring the union to provide full particulars to the employer by June 23, 2006. Thus, this is to confirm the oral order made on May 12, 2006 that the union has until June 23, 2006 to provide full particulars of the grievor’s allegations that the employer discriminated against her because of her disability and union activity to the employer.

Dated at Toronto this 23^rd^ day of May, 2006