GSB#2014-3291

UNION#2014-0642-0034

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Max)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

April 21, 2015

Decision

1The Employer and the Union at the Monteith Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Many of the grievances were settled through that process. However, a few grievances remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Ms. Simone Max filed a grievance alleging that she had been harassed and discriminated against as evidenced by the Employer entering her locker without her consent. She was of the view that she alone had her locker opened because the Employer was discrimination against her because of her gender and her union activity. Although she conceded that shortly after the incident the Employer had told her the opening of the locker was a mistake and it apologized, she was frustrated by the intrusion and as the result of differing reasons given for the error.

3According to the grievor she had made it known to the Employer that she was taking over the use of a locker that had been used by a now retired Correctional Officer. She told an Operating Manager and assumed that this had been appropriately documented. The Employer did not take issue with this assertion but stated that at the time the locker was opened, there was no record of Ms. Max now using this locker.

4The grievance must be dismissed. There was absolutely no evidence of gender discrimination or anti-union animus. I accept that the grievor put the Employer on notice that she was utilizing the locker but unfortunately this was not appropriately documented. However, that mistake does not bring about a violation of the Collective Agreement or any employment related statute.