GSB#2014-0573, 2014-0574, 2014-0575, 2014-0576, 2014-0577, 2014-0578, 2014-0579

UNION#2014-0551-0005, 2014-0551-0006, 2014-0551-0007, 2014-0551-0008, 2014-0551-0009, 2014-0551-0010, 2014-0551-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cymbalista et al)

Union

• and -

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

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Cathy Phan Treasury Board Secretariat Legal Services Branch Counsel

HEARING

February 23, 2015.

Decision

1The parties referred this Grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the proceeding 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.

2This grievance, filed by six (6) Probation and Parole employees in the Anti-Guns and Gangs Unit and one (1) employee from another Probation and Parole office of the Ministry of Community Safety and Correctional Services, alleges that the Area Manager stated, at a staff meeting on February 6, 2014, that in determining how a vacant OAG position would be filled, “anyone with more than ten (10) years of service comes with baggage.”

3There is some dispute what was exactly said by the Area Manager. However, it is agreed that the area manager made a comment that suggested that “some senior employees come with baggage and issues”. I find the comment could be interpreted to mean that the Employer would not consider older workers for the position which would amount to a breach of Human Rights Code.

4Having considered the submissions of the parties, I declare that Article 3.1 of the Collective Agreement, which states:

There shall be no discrimination practised by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, or disability, as defined in section 10(1) of the Ontario Human Rights Code (OHRC).

was breached by the Employer.