GSB#2015-2557, 2015-2558

UNION#2015-0220-0008, 2015-0220-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pinnegar)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

November 4, 2016

Decision

1In a June 11, 2013 Memorandum of Agreement the parties agreed to continue the practice of local med/arb sessions throughout the Ministry of Child and Youth Services. In accordance with this Memorandum of Agreement, the parties held a med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number of grievances were addressed from this and other Child and Youth facilities. Some of the outstanding grievances were resolved but a few including this matter remained in dispute and therefore require a short decision which is without prejudice or precedent.

2Ms. Tracy Pinnegar filed two grievances in November of 2015 that she has been harassed and discriminated against as the result of her union activity. Further, she alleged that she received a letter of warning which was without just cause.

3The Union and the grievor reviewed the facts and provided a bundle of documents including a diary of events.

4The Employer denied anti union animus and urged the grievance should be dismissed.

5After a review of the facts and submissions I have no hesitation in finding that the letter of warning was without just cause because the conduct with which the Employer took issue was as the result of the grievor acting in her union capacity. Accordingly the Letter of Warning is to be removed forthwith.

6Regarding the second grievance I am of the view that there an appropriate remedy is for the Employer to provide the services of a mediator to assist the grievor and her supervisor, Ms. W. to improve their ongoing working relationship. The cost of the mediator and the grievor’s time in any sessions in this regard is to be paid for by the Employer.

7To that extent, the grievances are upheld.