GSB#2012-4600

UNION#2012-0517-0130

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Beek)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Alex Sawicki Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Victoria Fichtenbaum and Laura McCready Ministry of Government Services Centre for Employee Relations Employee Relations Advisors

HEARING

March 20, 2014

Decision

1Ms. Selena Beek, a Correctional Officer at the Metro West Detention Centre, filed a grievance on October 15, 2012, alleging that the employer breached Articles 2 of the collective agreement and Section 5 of the Ontario Human Rights Code. She alleges that the employer has failed to accommodate her because of her family status. She seeks full redress. The employer submitted that there was no violation of the collective agreement or the Code.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties on the allegations of the breach of the grievor’s human rights, as well as the jurisprudence of the Board, I hereby deny the grievance.