HomeMy WebLinkAboutAnderson/Union 13-04-10
IN THE MATTER OF AN ARBITRATION brought pursuant to the Ontario Labour Relations
Act, 1995, as amended
(Grievances #2012-0431-0031 and 2012-0431-0032)
BETWEEN:
PROVIDENCE CARE (MHS)
(the “employer”)
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the “union”
AWARD
Sole Arbitrator: Marilyn A. Nairn
Hearing held: March 25, 2013
(Kingston, Ontario)
APPEARANCES
For the union: Peggy Smith
Mary Lou McCartney
Dan Anderson
For the employer: Indira Naraine
Lorna Wilson
1
AWARD
1. The parties agreed to utilize an expedited process to have this matter determined. The
grievance concerns the approving of short notice vacation time.
2. It is not the responsibility of the Secretary (Area Office) to grant and/or deny vacation
requests. That position falls within the bargaining unit. The employer shall, within thirty (30)
days of the date of this award, communicate with its managers for the purpose of reiterating that
it is the manager who must apply, and comply with Article 40.3 d) of the collective agreement in
assessing and determining vacation requests pursuant to this provision of the collective
agreement.
3. Similarly, the employer shall reiterate to employees that vacation requests pursuant to
Article 40.3 d) of the collective agreement are to be directed to their immediate manager and
employees are not to go to the Secretary (Area Office) with such requests.
4. The employer shall forthwith donate $100.00 on behalf of the union to the Lupus Society
of Ontario, a charity determined by the union.
Dated at Toronto, Ontario this 10th day of April, 2013.
________________________________________________
Marilyn A. Nairn, Arbitrator.