HomeMy WebLinkAbout2018-0537.Holloway.19-01-25 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# 2018-0537
UNION# 2018-0229-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Holloway) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola / Samantha Gray
Treasury Board Secretariat
Employee Relations Advisor / Labour
Relations Intern
HEARING November 7, 2018
-2-
DECISION
[1] Ms. Tracey Holloway, a Correctional Officer 2 at Ontario Correctional Institute,
filed a grievance on February 10, 2018, alleging that the employer breached
Articles 2 and 3 of the collective agreement. The grievor requested seven days of
leave to care for a hospitalized family member. The employer granted her three
days under Article 49, Special and Compassionate, but denied her request for
four days of leave pursuant to Article 25.1 Special Leave. The employer took the
position that the decision to deny the leave under Article 25.1 was made in good
faith, free from arbitrariness and discrimination. Thus, there has been no breach
of the collective agreement and the grievance should be dismissed.
[2] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue
a decision without precedent or prejudice, and without written reasons.
[3] Having carefully considered the evidence put before me including documents
submitted by the union and the employer, the submissions of the parties on the
grievance, as well as the jurisprudence of the Board, I hereby deny the
grievance.
Dated at Toronto, Ontario this 25th day of January, 2019.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator