GSB#2013-0139, 2013-1190, 2013-1191

UNION#2013-0617-0007, 2013-0617-0032, 2013-0617-0033

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Verge-Howard)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Pubic Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

July 5, 2017

Decision

1Ms. Bonnie Verge-Howard, a Corrections Officer, at the Sudbury Jail, filed three grievances claiming, inter alia, that the employer had violated Article 3 of the collective agreement and the Human Rights Code. She alleges that the employer failed to accommodate her when it changed her schedule, allowed a fellow CO to harass her, and breached a Memorandum of Settlement, dated September 20, 2012. She also filed a grievance regarding a job competition. The grievances are dated March 7, 2013 and April 29, 2013. The employer takes the position that there is no evidence to support a breach of the collective agreement or the Code.

2The parties referred this grievances to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with these matters and asked that I issue a decision without precedent or prejudice, and without written reasons.

3There was no evidence to support the human rights allegations, a breach of the MOS or that the competition was not run according to the principles of fair competition procedures. Consequently, having carefully considered the evidence and the submissions of the parties on all the allegations, as well as the jurisprudence of the Board, I hereby deny these grievances.