P-2002-0003

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Ron Chyczij

Complainant

• and -

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

Kathleen G. O’Neil

Vice-Chair

FOR THE COMPLAINANT

Ron Chyczij Alexandra Chyczij

FOR THE EMPLOYER

Andrew Baker, through February 2, 2007 Yasmeena Mohamed, from March 14, 2007 Ryan Conacher, from February 4, 2008 Cathy Phan, November 18 and 24, 2008

HEARING CONFERENCE CALL

January 25, 2005; April 6, 7, 2006; February 2, April 27, June 12, 13, 14, 18, July 10, August 8, 21, 23, 2007; February 4, 7, 29, April 24, May 2, May 13, July 11, 14, November 18, 24, 2008. March 14, 2005.

Decision

1This decision deals with the merits of the grievance of Ron Chyczij, contesting the denial of a request for tuition assistance in relation to a Masters of Business Administration (MBA) program. It is his claim that it was refused for improper reasons, including reprisal for exercising rights under The Pay Equity Act and grieving a number of decisions of management. The employer denies the allegations, maintaining that the request was denied for valid reasons, having to do with the size and timing of the request, and fiscal restraint.

2There have been a number of interim decisions on procedural and preliminary issues relating to this grievance, i.e. June 20, 2