P-2004-1727, P-2004-1728
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Paul Simon et al.
Grievor
- and -
The Crown in Right of Ontario (Ministry of Labour)
Employer
BEFORE
Deborah J. D. Leignton
Vice-Chair
FOR THE GRIEVOR
Winston G. Mattis Winston G. Mattis Barristers and Solicitors
FOR THE EMPLOYER
Len Hatzis Counsel Ministry of Government Services
HEARING
December 12, 2005.
Decision
The grievors are currently Labour Relations Officers for the Ministry of Labour. They allege that they were wrongly denied promotions after a competition for multiple positions of Labour Relations Specialist (LRS) advertised on January 24, 2004 and completed on April 28, 2004. The grievors competed for the LRS positions, but were not successful. The grievors allege, inter alia, the following:
…the competition and the manner in which it was conducted was unfair, racially biased, and contravened the government’s Equal Employment Opportunity policy, practices, and directions.
The grievors also allege that they have suffered from systemic discrimination:
Systemic discrimination is so entrenched at the Board that the Board is prepared to bypass its own long standing practice of promoting internal clients so as to ensure that racial minorities are not promoted to levels of responsibility in accordance with their representation in the labour pool and the general population.
The grievors have also filed complaints with the Ontario Human Rights Commission and a “Charter Challenge” in the courts.
At the outset of the hearing into this matter, the employer took the position that the Public Service Grievance Board (PSGB) has the jurisdiction to hear and decide a grievance that alleges systematic discrimination. The employer also agreed that after a hearing into the merits of the case, should the PSGB find that systemic discrimination has occurred, the Board has the remedial powers to redress the grievors’ losses, and more specifically, to consider the remedies sought by the grievors. Counsel for the grievors agreed with the employer’s position. The parties asked for the PSGB to consider the above and make an order for the record.
Having carefully considered the above, and the jurisprudence of the PSGB to hear and decide grievances pursuant to the Public Service Act and Regulations thereto, that also include a Human Rights complaint, I hereby declare that the PSGB does have the jurisdiction to hear the grievors’ complaints, including the alleged systemic discrimination, and as appropriate, to make remedial orders.
The parties also asked for orders regarding disclosure of documents.
The employer is hereby ordered to produce the competition file for the LRS competition, which was completed in April 2004, within seven working days of this order.
Both parties are hereby ordered to produce all the documents that they intend to rely on at the hearing within sixty (60) calendar days of this order.
Dated at Toronto this 20th day of December, 2005.