HomeMy WebLinkAbout1998-1034.Mrozek.01-03-23 Order
o NTARI 0 EMPLOYES DE LA COL'RONNE
CROWN EMPLOYEES DE L 'ONTARIO
. . GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 128 TELEPHONEITELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB #1 034/98
OPSEU#98C412
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Befo re
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mrozek)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFORE Loretta Mikus Vice Chair
FOR THE Ms Robin Gordon
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Suneel Bahal, Counsel
EMPLOYER Legal Services Branch
Management Board Secretariat
HEARING March 7, 2001
ORDER
The gnevor, Bruno Mrozek, receIved a surplus letter m November of 1996 and elected to be
bndged to ills reTIrement date of October 1998 To do so he was granted a leave of absence Without pay
from May 24, 1997 to May 23, 1998 At the TIme of hIS eleCTIon he was told that he would have to use up
all of hIS vacaTIon cremts, approXimately 32.5 days, before the end of the calendar year In fact, that was an
error, whIch was qwckly corrected, and he was later told he would have to use up 12.5 days before he
began ills leave of absence m May He did so but subsequently filed a gnevance m Janumy of 1998 allegmg
that he was forced to take hIS vacaTIon contrary to the colleCTIve agreement.
The Employer took the pOSITIOn that thIS gnevance was filed outSIde of the TIme hrmts m the
colleCTIve agreement and should be msrmssed.
After consIdenng the eVIdence of the gnevor, mcluding ills reasons for the delay m filmg ills
gnevance, I find that the gnevance was mdeed filed 18 months after the events glVlng nse to It and that there
are msufficIent grounds for me to exerCIse my discreTIon and extend the TIme hrmts. The gnevance IS
therefore msrmssed.
Dated at Toronto, tills 23rd day of March, 2001
Loretta Mikus, Vice-ChaIr