HomeMy WebLinkAbout2011-2368.Gareau.13-06-19 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-2368
UNION#2011-0582-0051
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gareau) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Victoria Fichtenbaum
Ministry of Government Services
Centre for Employee Relations
Employee Relations Officer
HEARING February 21, 2013
- 2 -
Decision
[1] Mr. Conrad Gareau, a CO at the Toronto East Detention Centre, grieved on August 26,
2011 that the employer breached the collective agreement by denying his requests for
special leave without pay on October 31, 2010, December 7, 2010 and April 4, 2011. The
employer submitted it had not violated the collective agreement and the grievance was not
timely.
[2] The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had
the jurisdiction to deal with this matter. They asked that I issue a decision without
precedent or prejudice, and without written reasons.
[3] Having carefully considered the submissions of the parties, as well as the jurisprudence of
the Board, I find that there has been no violation of the collective agreement and hereby
deny this grievance.
Dated at Toronto, Ontario this 19th day of June 2013.
Deborah J.D. Leighton, Vice-Chair