GSB#2011-1097

UNION#2011-0122-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Erb)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Frank Inglis and Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Nicholas Sapp Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

August 19, 2011.

Decision

1The parties agreed to present this grievance in accordance with Article 22.16 of the collective agreement, and this decision is without prejudice or precedent.

2The grievance in this case relates to an incident that occurred in April 2008. The grievor alleges that improper comments were made to her during an Escort Training session that referenced her age. She also grieves that the employer failed to process the grievance within appropriate time limits. She seeks damages for breach of her human rights.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be upheld in part, in that the grievor is awarded $1000.00 damages arising from the original event.