HomeMy WebLinkAboutGrievor 14-10-09IN THE MATTER OF AN ARBITRATION
13ETWEEN:
A.LGONQUN COLLEGE
(hereinafter called the "Employer")
m
ONTARIO SERVICE PUBLIC EMPLOYEES'UNION
O.B. SHNE, Q.C.
APPEARANCES:
JACK CLIMIE
WASSIM GARZOUZI
MICHAEL FISHER
(hereinafter called the "Union")
SOLE ARBITRATOR
COUNSEL AND OTHERS
FOR THE EMPLOYER
COUNSEL AND OTHERS
FOR THE UNION
Hearings were held in Ottawa, Ontario in this matter on
Monday, March 3, 2014 and on Tuesday, October 7, 2014.
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AWARD
In this matter the Grievor claims that the College required him to use his annual
leave to cover the period June 15, 2013 to June 30, 2013 which was just prior to his
retirement. The Grievor further claims that the College failed to allow him to use other
means to cover this period and that he has been treated inequitably. He requests that lie
be treated in the same manner as other faculty, who have retired, and also claims
damages for any pension loss he has suffered,
The College maintains that its practice has been to credit employees who retire in
May or June with accumulated vacation until August 31. The College also asserts that
employees who chose to retire on June 30'x' in situations were no work is available are
required to cover the period from, June 17 to June 30th with vacation and accordingly,
retire with. 33 vacation days rather than 43 vacation days to which the employee would be
entitled if that employee retired on May 30's.
Amer duly considering the evidence and the submissions it is my view that it is
the exclusive function of the College pursuant to Article 6.01 to determine "the services
to be performed" and "the scheduling of assignments and work" and therefore it is the
College who shall determine if work is available for those who chose to retire.
Further, I determine there was no work available for the Grievor for the period
June 15 to June 30, 2013, as determined by the College, and the College did not violate
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the collective agreement when it exercised its right pursuant to Article 6.01 and did not
assign any work to the Grievor and properly credited that period with accrued vacation,
to which the Grievor was entitled.
For all these reasons, the grievance is dismissed.
DATED at Toronto this 9`}' day of October, 2014
Owen B. Shime, Q.C.