GSB# 2019-0051
UNION# 2019-5112-0026
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Walji)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Kevin Banks
Arbitrator
FOR THE UNION
Manprit Singh Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Regina Wong Treasury Board Secretariat Legal Services Branch Counsel
HEARING
June 10, 2021
Decision
1On February 25, 2019 Ms. Walji filed the following grievance:
I, Nasim Walji grieve the employer, The Ministry of Community Safety & Correctional Services violated but not limited to, Article 2, Management Rights, Article 3 Discrimination, and the Ontario Human Rights Code.
The employer, The Ministry of Community Safety & Correctional Services continues to support the systemic discrimination against racialized and marginalized workers within the Ministry of MCSCS, particularly as it relates to discipline, and the exclusion of black employees not afforded the same opportunities, acting assignments, and promotions as my non-ethnic counterparts at Toronto South Detention Centre. This discrimination is prevalent through-out the selection and interview process as the employer does not embrace the diversity of having ethnic, racialized, and marginalized personnel assigned to competition or selection process.
2Ms. Walji and the Union subsequently provided to the Employer the following Statement of Particulars. At the Employer’s request, not opposed by the Union, I have replaced the names of persons alleged to have family relationships (allegations which the Employer denies) with initials.
Nasim Walji (“the Grievor”) works in Office Administration (OAG9) at the Toronto South Detention Centre (“TSDC”). She has been an employee since 1989.
On February 25, 2019 the Grievor filed the grievance which now bears OPSEU#2019-5112-0026. This grievance alleges that the Employer violated Articles 2, and 3 of the Collective Bargaining Agreement, as well as the Ontario Human Rights Code.
The grievance further alleges that the Employer “continues to support the systemic discrimination against racialized and marginalized workers within the Ministry of MCSCS, particularly as it relates to discipline, and the exclusion of black employees not afforded the same opportunities, acting assignments, and promotions as my non-ethnic counterparts at Toronto South Detention Centre. This discrimination is prevalent through-out the selection and interview process as the employer does not embrace the diversity of having ethnic, racialized, and marginalized personnel assigned to competition or selection process.”
These allegations are set out in further detail below.
In 2014, the Grievor became aware that an Assistant Business Administrator position had become vacant. She requested a development assignment to this position. She was advised it would be posted as a competition.
On January 27, 2014, AB, a Finance Clerk (OAG8) from Maplehurst C.C. was transferred to TSDC to fill the Assistant Business Administrator position on a contract basis. AB was also awarded $800.00 in mileage expenses every month. AB was a family member of Deputy Superintendent RK. It is the Grievor’s position that this role was filled on the basis of nepotism, and TSDC employees were not given a fair opportunity.
When AB’s contract expired, the Grievor again requested to be given a development opportunity. She was again advised that the position would be posted and filled through a job competition. However, AB’s contract was ultimately extended instead. It is the Grievor’s position that this constituted systemic racism, as racialized employees were overlooked in favour of a non-racialized family member of management.
In 2018, the Assistant Business Administrator position was again vacant. The Grievor again requested a development opportunity. She was informed by the Deputy Superintendent of Finance that the job would be posted for a job competition.
In January 2016, MK was hired as OAG 8, Finance Clerk. In May 2016 he received an opportunity at the Regional Office as Finance Clerk OAG 10. No one else was given this opportunity, despite having more years of service.
MK received an opportunity to work in a business administrator role at Vanier, classification MO7010, Finance 31.
At TSDC, on December 10, 2018 MK was given an opportunity in the Assistant Business Manager role. This was signed off on by Regional Director LL who was related to MK. The Grievor had made prior requests to the Deputy of Finance for an opportunity in this role, but was advised that it would be posted as a job competition.
On or around May 2019, MK left the role after being successful in a