HomeMy WebLinkAbout2006-0647.Lavictoire.07-03-06 Decision
Crown Employees
Grievance Settlement
Board
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2006-0647,2006-0648
UNION# 2006-0229-0007,2006-0229-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lavictoire)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles and Scott Andrews
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Pauline Jones and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
February 19,20 & 21, 2007.
DEADLINE FOR WRITTEN
SUBMISSIONS
March 2, 2007.
2
Decision
INTRODUCTION
The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006.
Although OCI is not one of the institutions covered by the protocol, the parties agreed on
February 19,2007 to be bound by the terms of the protocol for this session. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have
agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with
submissions, which include the facts and authorities each relies upon. The process adopted by
the parties provides for a canvassing of the facts during the mediation phase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or precedent. The parties were unable to resolve this
matter in mediation.
Accordingly, the matter has been referred to me as a True
Mediation/Arbitration decision under the Protocol.
FACTS
The grievances relate to the grievor's claim for compassionate leave. The grievor had applied
for, and was granted, bereavement leave to attend the funeral of his uncle. In addition, he
applied for compassionate leave in order to account for the fact that he was required to drive his
parents to the funeral, which was held in Quebec. The grievor seeks payment of the
compassionate leave and also requests that the employer commit to adhere to a policy with
respect to the application for and approval of compassionate leave in future cases.
3
The employer denied the compassionate leave on the grounds that the bereavement leave
provIsIOn in the collective agreement addresses the Issue of travel time for bereavement in
Article 48.3, which reads:
48.3 In addition to the foregoing, an employee shall be allowed up to two (2) days' leave of
absence without pay to attend the funeral of a relative listed in Articles 48.1 and 48.2
above if the location of the funeral is greater than eight hundred kilometers (800 km)
from the employee's residence.
The employer states that it already follows written Ministry guidelines when considering
requests for compassionate leave.
DECISION
The grievances are dismissed.
Dated at Toronto, this 6th day of March, 2007.
Barry