Ontario Public Service Employees Union (Kanter) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76370

Grievance Settlement Board

GSB# 2009-1667

UNION# 2009-0234-0125

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kanter)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

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

HEARING

December 8, 2009.

Decision

1The 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.

2Mr. 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”.

3Mr. 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.

4I 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.

5For those reasons, the grievance is denied.