HomeMy WebLinkAbout2014-0055.Kerr.14-10-17 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#2014-0055
UNION#2014-0510-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kerr) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Seung Chi
Ontario Public Service Employees
Grievance Officer
FOR THE EMPLOYER Kathryn DuBois
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
Stephanie Borcsok
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING October 9, 2014
- 2 -
Decision
[1] Ms. Kathline Kerr, a Customer Service Representative, in Toronto Small Claims Court,
filed a grievance on January 28, 2014, alleging that the employer breached Articles 2, 9, 21
and 25 of the collective agreement. The union alleges that the employer wrongly denied
her request for special and compassionate leave for December 23 and 24, 2013. The grievor
attended at work on December 23, 2013 but the building had no power. She and others
were advised to standby in a restaurant until the employer decided whether to send them to
an alternate workplace. The grievor went home at 10 a.m. Employees were told to report to
the Jarvis Street office at 10:30. The grievor attended at work on December 24, 2013
because no one called her to tell her where to report and the building was still without
power she went home. She said that she forgot about the emergency hot line for
information updates.
[2] The employer submitted that there was no violation of the collective agreement. The
grievor should not have gone home on December 23 and should have accessed the
emergency hotline for information of where to report on December 24. The Ministry said
that it carefully assessed each request for compassionate leave--some 90 applications—and
decided pursuant to its management rights to deny the grievor’s leave request.
[3] 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.
[4] Having carefully considered the submissions of the parties, as well as the jurisprudence of
the Board, I hereby deny the grievance.
Dated at Toronto, Ontario this 17th day of October 2014.
Deborah J.D. Leighton, Vice-Chair