HomeMy WebLinkAbout2016-0909.Petri.16-10-19 Decision
Crown 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#2016-0909
UNION#2016-0616-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Petri) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING October 13, 2016
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that the Vice Chair of the Board, based on the
evidence provided during the mediation session, will immediately decide the grievance.
The decision will be without reasons, without precedent and prejudice and will be issued
within fifteen working days of the mediation unless the parties agree otherwise.
[2] On October 12/13, 2016 the parties at North Bay Jail agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated protocol.
[3] The grievor filed a grievance dated March 10, 2016 claiming that the Employer
violated the collective agreement by unfairly issuing to her a letter of reprimand dated
March 1, 2016 and declaring her awol when she did not report to work after having
requested time off work to care for her spouse who was suffering complications after
having had knee surgery. Pursuant to Article 24.2 of the collective agreement an
employee is entitled to Family Medical Leave and Personal Emergency Leave in
accordance with The Employment Standards Act.
[4] After having carefully considered the submissions of the parties I hereby find the
actions of the employer in declaring the grievor awol and disciplining her to be a
violation of the collective agreement and direct the employer to immediately remove the
letter of reprimand from the grievor’s file. Disciplining an employee in the circumstances
of this case was heavy handed and is not an appropriate response.
Dated at Toronto, Ontario this 19th day of October 2016
Janice Johnston, Vice Chair