GSB#2013-0612, 2013-0613, 2013-0614, 2013-0615, 2013-0616, 2013-0682, 2013-2932, 2013-2933, 2013-2934, 2013-2935, 2014-1116, 2014-1118

UNION#2013-0340-0009, 2013-0340-0010, 2013-0340-0011, 2013-0340-0012, 2013-0340-0013, 2013-0340-0014, 2013-0340-0051, 2013-0340-0052, 2013-0340-0053, 2013-0340-0054,

2014-0340-0003, 2014-0340-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Harding et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Lesley Gilchrist Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Omar Shahab Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 11, 2014

Decision

1This case involves six discipline grievances as well as a number of countervailing allegations of harassment and discrimination against the employer. This decision deals with the employer’s preliminary motion asking that I dismiss the harassment and discrimination grievances on the basis that there is no prima facie case.

2In those cases where an adjudicator decides to dismiss a motion of no prima facie case any comments about the evidence and issues in the case should be kept at a minimum in order to avoid providing any information that may give advantage to one party or the other. The brevity of this decision is an application of that rule.

3The employer’s argument focused on the extent to which the grievances relate to various letters written to the grievors about conforming with an order. The union alleged that the letters in question were part of an overall series of events that must be viewed in context.

4After carefully considering the submissions of the parties, it is my view that the employer’s preliminary motion should be dismissed.