HomeMy WebLinkAbout2016-1999.Petrovicz.18-04-25 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# 2016-1999
UNION# 2016-0378-0035
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Petrovicz) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Brian Sheehan Arbitrator
FOR THE UNION Brodie MacRae
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Beverly Jordan
Liquor Control Board of Ontario
HR Manager
HEARING December 20, 2017
-2-
Decision
[1] The Employer and the Union at the Liquor Control Board of Ontario, Durham
Retail Service Centre, agreed to participate in the Expedited Mediation/Arbitration
process in accordance with the negotiated Protocol. It is not necessary to reproduce the
entire Protocol. Suffice to say, that the parties have agreed to a True
Mediation/Arbitration process wherein each party provides the Arbitrator with their
submissions setting out the facts and the authorities they respectively will rely upon.
This decision is issued in accordance with Appendix 2 – Memorandum of Agreement of
the collective agreement; and it is without prejudice or precedent.
[2] James Petrovicz (the “grievor”) is employed at the Durham Retail Service Centre
as a W arehouse Worker 4.
[3] This grievance relates to a claim that the grievor was denied payment for a
personal/emergency leave day, pursuant to Article 14.1 of the collective agreement, for
September 2, 2016.
[4] On August 30, 2016, the Employer posted in the worksite a memo noting that in
accordance with a long-standing practice with respect to absences occurring on the day
before or after a statutory holiday, that a doctor’s note would have to be provided with
respect to any absence that occurred on Friday, September 2 or Tuesday, September
6, 2016. It was also a long-established practice of the Employer that a request for a
personal/emergency leave day must be made in advance by completing the appropriate
form, which includes setting out the reasons for the leave request. The Employer
recognizes that, in certain circumstances, the nature of the emergency may preclude
the employee from providing the requisite advance notice. It is the expectation,
-3-
however, in those circumstances, that the employee still outlines the reason for the
personal/emergency leave day request.
[5] The grievor made his request for the personal/emergency leave day by calling in
on September 2, 2016. Citing privacy, the grievor refused to provide a reason for
requesting the personal/emergency leave day at the time when he made the request;
and steadfastly refused to provide a reason for the request throughout the grievance
procedure.
[6] It is also noted that the grievor, by the end of the 2016, had exhausted all his
entitlement to paid personal/emergency leave under Article 14.1, save and except for
two hours.
[7] Considering all the relevant facts, including that the grievor failed to provide a
reason for the request and that the request was associated with a day prior to the
commencement of a long weekend, it is my determination that the decision of the
Employer to deny the grievor paid personal/emergency leave under Article 14.1 was
reasonable in the circumstances.
[8] Accordingly, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 25th day of April, 2018.
“Brian Sheehan”
Brian Sheehan, Arbitrator