GSB# 2017-3216

UNION# 2017-0618-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Debassige)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin / Rachel Hui Treasury Board Secretariat Employee Relations Advisor / Employee Relations Intern

HEARING

March 18, 2019

DECISION

1This decision is issued in accordance with Article 22.16 of the collective agreement, and is without precedent. The parties agreed to proceed on the basis of representations and submissions and have requested a decision without reasons.

2The Grievor was employed as a Youth Services Officer on a fixed term contract basis. Her contracts were renewed on essentially an annual basis from 2008 until 2018, when she resigned. Fixed term contract employees are scheduled for some shifts and are offered additional “pick up” shifts. In 2017, she was advised by the Employer that it was concerned that she was insufficiently available for pick up shifts. She was given notice that her contract would not be renewed (although in fact it subsequently was). She filed this grievance, alleging the employer has subjected her to harassment and bullying. She seeks a declaration and damages.

3Having considered these representations and submissions of the parties, I am not satisfied there has been any breach of the collective agreement.

4Accordingly, the grievance is dismissed.