GSB#2015-1510

UNION#2015-0551-0025

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ramsarran)

Union

• and -

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

Employer

BEFORE

Loretta Mikus

Vice-Chair

FOR THE UNION

Indika Chandrasekara Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Ann Fowler Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

March 10, 2016

Decision

1This mediation/arbitration process was conducted in accordance with Article 22.16 of the Collective Agreement.

2The grievor, Tanya Ramsarran, has been employed as a Receptionist in the Danforth Probation and Parole office for the last four years. She has filed a grievance alleging that she has been harassed and discriminated against by her Area Manager, Ms. Rosita Meikle. Her claim is based on the fact she has been spoken to about her dress choices, such as an off the shoulder blouse and a skirt that Ms. Meikle thought was too short. Ms. Meikle advised her that these choices were inappropriate. The grievor maintains that other employees in the office have dressed in a similar fashion and have not been criticized. She was also spoken to about eating an avocado with a knife at her desk. Finally, she stated that Ms. Meikle’s refusal to grant her request to be transferred to another supervisor because of the conflict and tension between them was another example of harassment and discrimination. Ms. Ramsarran claimed that other employees have been transferred at their request.

3I have considered the submissions of the parties and have reviewed the Ontario Correctional Services Code of Conduct and Professionalism, as well as the minutes of staff meetings in which the appropriate dress attire was discussed on more than one occasion. It is my view that Ms. Miekle’s directions to Ms. Ramsarran are in accordance with those standards. I can find no violation of the Collective Agreement and have concluded that the grievance must be dismissed.