HomeMy WebLinkAbout2014-0298.McCarthy.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#2014-0298
UNION#2014-0510-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McCarthy) 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] Mr. Brendan McCarthy, a Customer Service Representative, in Toronto Small Claims
Court, filed a grievance on January 30, 2014, alleging that the employer breached Articles
2, 9, 21 and 25 of the collective agreement. The union alleges that the employer wrongly
denied his request for special and compassionate leave for December 24, 2013. The grievor
had attended at the work place but the building was closed because it had no power, as it
had been the day before when a security guard for the building advised him to go home.
The grievor was unaware that employees were assigned to another location. He had no
knowledge of the emergency hotline for information as to where to report to work.
[2] The employer submitted that there was no violation of the collective agreement. It had
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 grant the grievance and order the employer to reimburse the grievor for
his loss of any pay or benefits on December 24, 2013.
Dated at Toronto, Ontario this 17th day of October 2014.
Deborah J.D. Leighton, Vice-Chair