HomeMy WebLinkAbout2008-0025.Butsch.08-11-13 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2008-0025
UNION#2007-0368-0198
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Butsch)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGNovember 6, 2008.
2
Decision
[1]The Employer and the Union at the Central East Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Most of the grievances were settled through that process. However, a few remained
unresolved and therefore require a decision from this Board. The Protocol provides that
decisions will be issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, the decision is to be without prejudice and
precedent.
[2]Ms. Autumn Butsch filed a grievance regarding the payment of statutory holiday pay
during parental leave.
[3]It was the position of the grievor that because she was never informed of a schedule
change, as set out in the Collective Agreement, the Employer improperly placed her on
?administrative leave? and therefore she did not receive proper holiday pay. It was the
Employer?s contention that, in accordance with its long standing practice, employees on
parental leave are placed on administrative leave which provides for each paid holiday off
with pay. Further, the Employer argues there is no need to inform employees of their
placement on the administrative leave schedule because their actual schedule of work does
not change given that they are on leave.
[4]I agree with the Employer?s view of this matter and therefore the grievance is denied. In
this case the grievor received the paid holidays off without loss of pay. There were no
losses incurred.
th
Dated at Toronto this 13 day of November, 2008.
Felicity D. Briggs, Vice-Chair