Ontario Public Service Employees Union (Murchison) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2017 CanLII 16733

GSB#2016-2196

UNION#2016-0234-0205

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Murchison)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

February 16, 2017

Decision

1The Employer and the union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On February 15 & 16, 2017 the parties at Maplehurst Corrections Complex agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The grievor filed a grievance dated December 9, 2016 claiming that the employer discriminated against her by refusing to place her on the rotational list used to backfill the assistant scheduling officer position. She asserted that this was unfair and inequitable. She also claimed that the employer has violated the Respectful Workplace Policy by retaliating against her for exercizing a right under the policy.

4In order to be successful in this case the grievor must establish a violation of the collective agreement. Although she clearly felt strongly that she was treated unfairly and improperly, after having carefully considered the submissions of the parties I cannot conclude that she has established that the collective agreement has been violated.

5The grievance is therefore dismissed.