GSB#2013-2565

UNION#2013-0102-0024

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Zavitz)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Heather McIvor Ministry of Government Services Legal Services Branch Counsel

HEARING

May 16, 2014

Decision

1This grievance relates to a Performance Development and Learning Plan (“PDLP”) the Grievor received from his manager for the period April 1, 2012 to March 31, 2013. The PDLP contained certain comments which the Grievor alleges are in breach of Article 3.2 of the collective agreement. Those comments were subsequently removed from the PDLP.

2Article 3.2 provides:

There shall be no discrimination or harassment practiced by reason of an employee’s membership or activity in the Union.

3Having considered the submissions of the parties, I declare that Article 3.2 was breached by the inclusion of the comments in the PDLP. Had the employer not already done so, I would have ordered them removed.