GSB#2014-4613

UNION#2014-0290-0033

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hamilton)

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.

2Kristina Hamilton is a Youth Services Officer who filed a grievance alleging that she was discriminated against in the scheduling of work as the result of being pregnant. Ms. Hamilton was a fixed term YSO at the time with accommodation limitations as the result of her pregnancy and frequently had her scheduled shifts cancelled.

3The grievor contended that the other five officers who were also pregnant at the same time did not have their scheduled shifts cancelled despite their accommodation needs.

4By way of remedy she requested 157 hours of compensation and seniority.

5According to the documentation provided by the Employer the other four pregnant officers needing accommodation at the salient time were classified officers. Further, the level of accommodation needed for the grievor was more extensive than that needed by the other officers.

6After reviewing the facts and submissions of the parties, I am of the view that there has been no violation of the Collective Agreement.