HomeMy WebLinkAbout2016-1866.Gilbert.17-09-19 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# 2016-1866
UNION# 2016-0248-0028
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gilbert) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 13, 2017
- 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 Arbitrator 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 September 13 and 14, 2017 the parties at Hamilton Wentworth Detention
Centre participated in the Expedited Mediation-Arbitration process in accordance
with the negotiated protocol. A number of grievances were settled through that
process. However, this grievance remained unresolved and required a decision.
[3] The grievor was given a letter of reprimand on September 29, 2016 for failing to
attend work on his scheduled shift on July 11, 12 and 29, 2016. I am satisfied
that the grievor thought that he had approval to be absent on July 29, 2016 and
that his failure to attend work was as a result of this misunderstanding.
Accordingly the letter of reprimand is to be amended deleting any reference to
July 29, 2016.
[4] The employer produced documentation establishing that the grievor’s request for
vacation on July 11 and 12, 2016 had been denied. The grievor asserted that
when he was denied vacation days that he had requested compensating leave
for those two days. However, he was unable to produce any documentation
indicating that he had requested the leave or that he had been granted the leave.
I cannot conclude that he had approval to be on a leave for those two days.
- 3 -
[5] Accordingly the grievance is upheld in part.
Dated at Toronto, Ontario this 19th day of September 2017.
Janice Johnston, Arbitrator