HomeMy WebLinkAbout2005-2417.Baldwin et al.07-03-12 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# 2005-2417
UNION# 2005-0229-0024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Baldwin et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
Barry Stephens
Vice-Chair
BEFORE
Stephen Giles and Scott Andrews
Grievance Officers
Ontario Public Service Employees Union
FOR THE UNION
Pauline Jones and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
FOR THE EMPLOYER
February 19,20 & 21, 2007.
HEARING
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
This grievance was originally filed as a group grievance, with Ms. Kim Couper as the second
grievor. Although Ms. Couper signed the grievance, I was advised that she withdrew her
complaint prior to hearing, leaving only the issues raised by Ms. Baldwin.
Ms. Baldwin is an unclassified employee. In September 2003 she began to experience serious
illness with respect to a pregnancy, to the point where she could no longer work as many hours
as she wished. This illness continued throughout her pregnancy, during which time she worked
approximately 15 hours per week. As a result, the grievor could not work enough to qualify for
3
sick time, and her ability to qualify for EI was also affected. Her baby was born two months
premature, and has medical issues that require special attention. On her return to work in 2005,
the grievor requested time off to care for her son. She was advised that she could have time off
but without pay. The grievor was granted three days compassionate leave in 2006. The
grievance asserts that the grievor was not provided with sufficient consideration and time off to
deal with her difficult pregnancy as well as her son's needs. The employer responds that the
grievor has been provided with a temporary assignment that allows her to work preferable hours,
and that it sought leave from the regional ministry office for further compassionate leave in
2006, but this was not approved.
DECISION
The grievor is to be granted three compensating days leave.
Dated at Toronto, this lih day of March, 2007.
Barry