Ontario Public Service Employees Union (John) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2015 CanLII 8797

GSB#2014-2234

UNION#2014-0229-0091

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (John)

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

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

December 8, 2014

Decision

1Ms. Loretta John, an Administrative Assistant at Ontario Correctional Institute, filed a grievance on May 23, 2014, alleging that the employer breached Articles 2.1, 32.17 of the collective agreement, the Workplace Discrimination and Harassment Prevention Policy, and the Statement of Ethical Principles. The union alleges that management was unreasonable, unfair, vindictive and harassing in managing the grievor’s work performance. Essentially the union alleges a “bad boss” grievance. There was no evidence or argument made on any human rights allegations. The union seeks, amongst other things, compensation for losses because grievor took 10 days of sick time and damages for pain and suffering.

2The employer submitted that there was no evidence to support the grievor’s allegations and no violation of the collective agreement or the policies cited in the grievance. Management contends that it was exercising its right to supervise the grievor’s work performance and at all times acted reasonably.

3The 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.

4Having carefully considered the evidence put before me including documents submitted by the union, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby deny the grievance.