GSB#2012-4465

UNION#2012-0582-0174

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Diedrick)

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

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Buky Adeoye Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

April 17, 2014

Decision

1Ms. Deadre Diedrick, a Correctional Officer at the Toronto East Detention Centre, filed a grievance on November 25, 2012, alleging that the employer breached Articles 3 of the collective agreement and alleged that management is in violation of the HPRO policy by not allowing her to work overtime. She further asserts that this conduct amounts to discrimination and caused her undue hardship. 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.

3There was no evidence or argument made on the human rights allegations. Having 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.