3. Timberwolf Family Counselling Timberwolf Family Counselling provides assistance to individuals with marital, financial, and other personal problems. Jennifer White started to work at the agency as a counsellor on April 1, 2010. The agency's counsellors are covered by a collective agreement that provides new counsellors are on probation for the first six months of their employment. The collective agreement also contains a management rights clause, which provides the following: "The union recognizes that the management of the operations and the direction of the employees are fixed exclusively in the employer and shall remain solely with the employer . . . and without restricting the generality of the foregoing, the union acknowledges that it is the exclusive function of the employer to hire, promote, demote, classify, transfer, direct, layoff, recall and to suspend discipline or discharge employees." The agreement also contains an article relating to probationary employees, which provides that "A probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the employer." The collective agreement provided that employees were entitled to pregnancy and parental leave in accordance with employment standards legislation. In July, White gave her employer notice that she wished to start a pregnancy leave at the end of August. The agency was experiencing staffing problems, and White's manager asked her to defer the start of her maternity leave for one week. White declined this request, confirming that she wished to start her leave on the original date requested. After White had her baby, she advised the employer that due to complications with her child's health she wanted to work half-days for the first three months after her return. White returned to work, and four days later she did not yet have a reply to her scheduling request. At the end of her first week back, White was called to a meeting and advised that she was still on probation and that she was being terminated. When White asked if the termination was prompted by the fact that she had not agreed to defer the start of her pregnancy leave or her request to work half days, the employer representatives at the meeting did not respond. When White asked why she was being terminated, she was told that management had determined that she was not suitable for the job as she was not a "team player." White discussed her dismissal with a union steward who in turn reviewed the situation with management. The union steward raised two issues with the employer. First, the employer was in violation of the reprisal provisions in employment standards legislation which provided that "No employer or person acting on behalf of an employer shall intimidate, dismiss or otherwise penalize an employee or threaten to do so, because the employee asks the employer to comply with this Act and the regulations." Secondly, the employer was in violation of human rights legislation that provides: "Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, same-sex partnership status, family status or disability." The agency's director of human resources indicated that it was the employer's position that (1) because the collective agreement did not contain any discrimination provision the matter was not arbitrable and (2) in any event, White was still on probation at the time of her termination. Questions 2. Assume that you are the arbitrator hearing this matter. a) If you were required to make a decision on the merits of the grievance, explain what your decision would be.