HomeMy WebLinkAbout2018-2021.Reigel.18-11-21 DecisionCrown 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# 2018-2021
UNION# 2018-5112-0141
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Reigel) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Employee Relations Advisor
HEARING November 20, 2018
-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 an 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 November 19 and 20, 2018 the parties at the Toronto South Detention Centre
agreed to participate in the Expedited Mediation-Arbitration process in
accordance with the negotiated protocol.
[3] The grievance relates to the Employer exercising its discretion to deny the
Grievor’s request for a paid leave of absence on a compassionate basis. Having
considered the representations of the parties, I find that there has been no
breach of the collective agreement.
[4] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 21st day of November, 2018.
“Ian Anderson”
______________________
Ian Anderson, Arbitrator