HomeMy WebLinkAboutLamarche 14-04-12IN THE MATTER OF A REFERENCE TO ARBITRATION UNDER THE
COLLEGES COLLECTIVE BARGAINING ACT
BETWEEN
Ontario Public Service Employees' Union and its Local 415 ("the Union")
• r
Algonquin College ("the College")
And in the matter a dispute about vacation entitlement — "Lamarche
Grievance OPSEU # 2013 0415 0058
DUUC D T�.
For the Union:
For the College:
R.O. MacDowell
Wassim Garzouzi
(and others)
Jock Climie
(and otheys)
(Sole Arbitrator)
(Counsel)
(Counsel)
A hearing in this matter was scheduled -to take place, in Ottawa, Ontario, on
April 7, 2014.
AWARD
l . This is ostensibly a dispute about the modification of vacation time under Article
15 of the collective agreement.
2. - I say "ostensibly" because, as it turns out, there was no principled dispute
between the parties about how a modification to the vacation assignment process should
unfold.
3. If an employee is seeking a departure from the normal vacation arrangements, the
employee must advise the College with the reasons for the departure and the employer
will consider the request pursuant to Article 15.02.
4. Where the employee's reasons are of a personal or private nature, the employer
will, so far as operationally possible, maintain the confidentiality of those reasons.
5. In this case the Grievor did not feel comfortable in at a personal reason.
6. The parties are in agreement that under the particular circumstances of this case,
no breach of the collective agreement occurred.
7. Should the Grievor articulate a personal request for a change in his vacation
schedule, as contemplated under Article 15.02, the panties will follow the process
outlined above.
8. Finally, in my view, it is in the parties' best interest to engage in meaningful
dialogue regarding their respective positions.
Dated at Toronto this 12"' day of April 2014. �1
R.C. ACc1)a.awW-'
R.O. MacDowell, Sole Arbitrator
2